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61ST  Congress,  |  SP:NAmx:\    ^^  j  Doc  tmext 

3d  Session.       I  "    y  j     Xo.  798. 


CONSTITUTION  ADOPTED  BY  ARIZONA. 


L  E  T  T  E  E 


FROM 


THE  SECRETARY  OF  THE  INTERIOR, 

TEANSMITTING 

COPY  OF  THE  CONSTITUTION  ADOPTED  BY  THE  CONSTITUTIONAL 
CONVENTION  OF  ARIZONA. 


January  31,  3911. — Referred  to  the  C'ouiniittee  on  Territories  and  ordered  to  be 

printed. 


Department  of  the  Interior, 
Washington,  January  30,  1911. 
There  is  inclosed  a  copy  of  the  constitution  adopted  by  the  constitu- 
tional convention  of  Arizona  which  the  secretaiy  of  the  Territory 
has  asked  this  department  to  distribute  to  the  Members  of  the  Senate 
and  House  of  Representatives  in  compliance  with  the  resolution  of 
the  constitutional  convention. 

Very  respectfully,  R.  A.  Ballixger, 

'l  Secretary. 

To  the  Members  of  the  Senate  and  House  of  Representatd^s. 


The  Proposed  Constitution  for  the  State  of  Arizona. 

[Adopted  bv  the  Constitutional  Convention,  beld  at  Phoenix,  Ariz.,  from  Oft.  10  to  Dec.  9, 

1910.1 

PREAMBLE. 

We.  the  people  of  the  State  of  Arizona,  grateful  to  Almighty  God 
for  our  libertie.s.  do  ordain  this  constitution. 


2  CONSM  11    I  i<»N    .\U«»l'ihl>    BV    AUIZONA. 

AlMMl.K    1. 

s'lA  If;   lt<»i  M».\i;iKs. 

'I'll.'  hoiiiKlarit's  of  the  Stair  of  Aii/oiia  shall  Ik'  as  follows,  iiaiiielv: 
1i4«j;iiiniiijr  at  a  point  on  tin-  ('<»lora.Io  li'iwv  iwiMity  Kn«;lisli  miles 
|)olow  tlir  jnnrtioti  of  I  lie  (iila  an<l  Colorado  Rivers,  as  lixi'd  by  the 
Ciadsd.-n  'Irt-aty  iK'twrcn  the  I'nitcd  States  and  Mexico,  heino;  in 
latitude  thirty-two  de^rj-oes,  twenty-nine  niiinit«'s.  forty-four  and 
forty-li\«'  one-hnndredlhs  seconds  north,  and  loiif^itude  one  hundred 
and  four t(><'n  de^rrees,  forty-eijrhl  niiinites,  forty-four  and  fifty-three 
one  hun<lre<lths  seconds  west  of  (Jreenwich;  thence  alon^r  iind  with 
the  international  Ijoinidary  liiie  Ix'tween  the  United  States  and 
Afexico  in  a  southeasteiii  dii-ertion  to  Monument  Number  127  on  said 
IxMindary  line,  in  latitude  thirly-on<>  de<j:rees.  twenty  miiuites  north; 
Uience  east  alonj;  and  with  said  pai-allel  of  latitude,  continuinfj:;  on 
«aid  honndary  line  to  an  interstn-tion  with  the  meridian  of  lon*ritude 
one  hundred  nine  degrees,  two  minutes,  fifty-nine  and  twenty-five 
one-liundredths  seconds  west,  being  identical  with  the  southwestern 
corner  of  New  Mexico;  thence  north  along  and  with  said  meridian 
of  longitude  and  the  west  boiindaiy  of  New  Mexico  to  an  intersection 
with  the  parallel  of  latittide  thirty-seven  degrees  north,  being  the 
common  corner  of  Colorado,  Utah,  Ai'izona,  and  New  Mexico;  thence 
west  along  and  with  said  parallel  of  latitude  and  the  south  boundary 
of  TTtah  to  an  intersection  with  the  meridian  of  longitude  one  hun- 
dred fourteen  degrees,  two  minutes,  fifty-nine  and  tw^enty-five  one- 
hundredths  seconds  west,  being  on  the  east  boundary  line  of  the 
State  of  Nevada ;  thence  south  along  and  with  said  meridian  of  longi- 
tude and  the  cast  boundary  of  said  State  of  Nevada,  to  the  center  of 
the  Colorado  River;  thence  down  the  mid-channel  of  said  Colorado 
River  in  a  southern  direction  along  and  wdth  the  east  boundaries  of 
Nevada,  California,  and  the  Mexican  Territory  of  Lower  California, 
successively,  to  the  place  of  beginning. 

ARTif:i-K  IT. 

DKCr-AHATION    OK    RTCHTS. 

Skc.  1.  A  f refluent  recurrence  to  fundamental  principles  is  essen- 
tial to  the  security  of  individual  right-^  and  the  perpetuity  of  free 
government. 

Skc.  2.  All  j)olitical  power  is  iidiorent  in  the  ])eojile.  and  govern- 
ment.s  derive  their  just  powers  from  the  consent  of  the  governed,  and 
are  establislu^l  to  protect   and  maintain  individual  rights. 

Skc.  3.  The  Constitution  of  the  United  States  is  the  supreme  law 
of  the  land. 

Skc.  4.  No  person  shall  be  deprived  of  life,  liberty,  or  property 
without  due  proce.ss  of  law. 

Skc.  ;").  The  right  of  petition  and  of  the  |»('0|)le  peaceably  to  as- 
fiemble  for  the  common  good  shall  never  be  abridijed. 

Skc.  0.  Kvery  person  may  freely  speak,  write,  and  publish  on  all 
snbjoct.s,  l)oinp  responsible  for  the  abuse  of  that  right. 


CONSTITUTION   ADOPTED  BY   ARIZONA.  3 

Sec.  T.  The  mode  of  administering  an  oath  or  affirmation  sliall  be 
such  as  shall  be  most  consistent  with  and  binding  uj)on  the  conscience 
of  the  person  to  whom  such  oath  or  affirmation  ma}'  be  administered. 

Sec.  8.  No  person  shall  be  disturbed  in  his  private  affairs  or  his 
home  invaded  without  authority  of  law. 

Sec.  9.  Xo  laAv  granting  irrevocabl}^.  any  privilege,  franchise,  or 
immunity  shall  be  enacted. 

Sec.  10.  No  person  shall  be  compelled  in  any  criminal  case  to  give 
evidence  against  himself  or  be  twice  put  in  jeopardy  for  the  same 
offense. 

Sec.  11.  Justice  in  all  cases  shall  be  administered  openly  and  with- 
out unnecessary  delay. 

Sec.  12.  The  liberty  of  conscience  secured  by  the  provisions  of  this 
constitution  shall  not  be  so  construed  as  to  excuse  acts  of  licentious- 
ness or  justify  practices  inconsistent  with  the  peace  and  safety  of 
the  State.  No  public  money  or  property  shall  be  appropriated^  for 
or  applied  to  any  religious  worship,  exercise,  or  instruction,  or  to 
the  support  of  any  religious  establishment.  No  religious  qualifica- 
tion shall  be  required  for  any  public  office  or  employment;  nor  shall 
any  person  be  incompetent  as  a  witness  or  juror  in  consequence  of 
his  opinion  on  matters  of  religion;  nor  be  questioned  touching  his 
religious  belief  in  any  court  of  justice  to  affect  the  Aveight  of  his 
testimony. 

Sec.  13.  No  law  shall  be  enacted  granting  to  any  citizen,  class  of 
citizens,  or  corporation  other  than  municipal,  privileges  or  immu- 
nities which  upon  the  same  terms  shall  not  equally  belong  to  all 
citizens  or  corporations. 

Sec.  14.  The  privilege  of  the  wn'it  of  habeas  corpus  shall  not  be 
suspended  by  the  authorities  of  the  State. 

Sec.  15.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishment  inflicted. 

Sec.  16.  No  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate. 

Sec.  17.  Private  property  shall  not  be  taken  for  private  use.  ex- 
cept for  private  ways  of  necessity,  and  for  drains,  flumes,  or  ditches 
on  or  across  the  lands  of  others  for  mining,  agricultural,  domestic, 
or  sanitary  purposes.  No  private  property  shall  be  taken  or  dam- 
aged for  public  or  private  use  without  just  compensation  having  been 
first  made  or  paid  into  court  for  the  owner,  and  no  right  of  way 
shall  be  appropriated  to  the  use  of  any  corporation  other  than  mu- 
nicipal until  full  compensation  therefor  be  first  made  in  money  or 
ascertained  and  paid  into  court  for  the  owner  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corporation,  which 
compensation  shall  be  ascertained  by  a  jury,  unless  a  jury  be  waived 
as  in  other  civil  cases  in  courts  of  record,  in  the  manner  prescribed 
by  law.  "VMienever  an  attempt  is  made  to  take  private  property  for 
a  use  alleged  to  be  public,  the  question  whether  the  contemplated  use 
be  really  public  shall  be  a  judicial  question  and  determined  as  such 
^  without  regard  to  any  legislative  assertion  that  the  use  is  public. 
N^  Sec.  18.  There  shall  be  no  imprisonn^nt  for  debt,  except  in  cases 
y\>f  fraud.  \, 

0^    Sec.  19.  Any  person  having  knowledge  or  possession  of  facts  that 

^  tend  to  establish  the  guilt  of  any  other  person  or  corporation  charged 

with  bribery  or  illegal  rebating  shall  not  be  excused  from  giving 

.^  448774 


4  CONSTITUTION    ADOPTED   BY   ARIZONA. 

testimony  or  nnnlurin^'  rvi.lence  when  k*«rally  (.•ailed  upon  to  do  so 
on  the  ^rround  that  it  may  tend  to  incriiuinate  him  under  the  laws 
of  the  State,  hut  ni)  j)er.son  sliall  he  prosecuted  or  subject  to  any 
penalty  or  forfeiture  lor,  or  on  account  of,  any  transaction,  matter, 
or  thinjr  ioncernin<r  which  he  may  so  testify  or  produce  evidence. 

Skc.  l'O.  'I  Iu-  military  <hall  he  in  strict  subordination  to  the  civil 
power. 

Sk<-.  'Jl.  All  elections  .sh:ill  he  free  ;Mid  equal,  and  no  i)o\ver,  civil 
or  military,  shall  at  any  time  interfere  to  prevent  the  free  exercise 
of  the  ri^dit  (»f  snll"ra;j;e. 

.Skc.  '22.  All  jK'rsons  charn^ed  with  dime  shall  be  bailable  by  suf- 
ficient -ureties,  except  iov  capital  oUrnses.  w  hen  the  proof  is  evident 
or  the  presumption  ^reat. 

Skc.  -J^J.  The  ri<rht  of  trial  by  jury  shall  remain  inviolate,  but  i^-o- 
vision  may  be  made  by  law  for  a  jury  of  a  number  of  less  than  twelve 
in  courts  not  of  record,  and  \'i>v  ;i  xcrdict  by  nine  or  more  jurors  in 
civil  caM'S  in  any  court  of  record,  and  for  wai\in<r  of  a  jury  in  civil 
rases  where  the  consent  of  tin-  j)arties  int<'rested  is  "riven  thereto. 

Skc.  'J-l.  In  criminal  prosecutions,  the  accused  shall  lia\e  liie  ri<rht 
to  aj)j>ear  and  defend  in  j)ers<>n.  an<i  by  counsel,  to  demand  the  nature 
aiul  cause  of  the  accusation  a<.^iinst  liim.  to  have  a  copy  thereof,  to 
testify  in  his  own  InOialf.  to  meet  the  witnesses  afjainst  him  face  to 
face,  to  have  compidsory  process  to  compel  the  attendance  of  wit- 
nesses in  his  own  behalf,  to  have  a  speedy  public  trial  by  an  impartial 
jui*y  of  the  coimty  in  which  the  olfensc  is  alleged  to  have  lieen  com- 
mitted, and  the  riofht  to  apjieal  in  all  cases:  and  in  no  instaiKn^  shall 
any  j.ccused  ])erson  before  final  judirment  l)e  com])elled  to  advance 
money  or  fees  to  secure  the  ri<jfhts  herein  <;uaranteed. 

Sr.r.  '25.  No  bill  of  attainder,  ex-post-facto  law.  or  law  im])airin<^ 
the  obliiration  of  a  contract,  shall  ever  be  enacted. 

Skc.  lit").  The  right  of  the  individual  citizen  to  bear  arms  in  de- 
fense of  himself  or  the  State  shall  not  be  impaired,  but  nothing  in 
this  section  shall  be  construed  as  authorizing  individuals  or  corpora- 
tions to  organi/.e.  maintain,  or  em]:)loy  an  armed  body  of  men. 

Skc.  '21.  No  standing  army  shall  be  kept  up  by  this  State  in  tiiue  of 
peace,  and  no  soldier  shall  in  time  of  peace  be  quartered  in  any  house 
witlK)Ut  the  coiis<'nt  of  its  owner:  noi-  in  time  of  war  except  in  the 
manner  prescribed  by  law. 

Sr.r.  '2H.  Trt-ason  against  the  State  shall  consist  only  in  levying 
war  against  the  State  or  adhering  to  its  enemies  or  in  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witness(»s  to  the  same  overt  act  or  confession  in 
open  coiH't. 

Skc.  L'O.  No  hereditary  emoluments,  privileges,  or  powers  shall  be 
LTanted  or  conferred  and  no  law  shall  be  enacted  permitting  any 
perjx'tuity  or  entailment  in  this  State. 

Skc.  :',0.  No  person  '^hall  1m'  prosecuted  criminally  in  any  court  of 
record  f(»r  fehuiy  or  misdemeanor  otherwise  than  by  information  or 
indictment  ;  no  per<;on  shall  ho  prosecuted  for  felony  by  information 
without  having  hud  a  |)reliminary  examination  before  a  magistrate 
or  having  waived  such  preliminary  examination. 

Src.  31.  No  law  shall  be  enacted  in  this  State  limiting  the  amount 
of  damatres  to  be  rer-overed  for  causijig  the  death  or  injury  of  any 
person. 


CONSTITUTION   ADOPTED  BY  AEIZONA.  5 

Sec.  32.  The  provisions  of  this  constitution  are  mandatory  unless 
by  express  words  they  are  declared  to  be  otherwise. 

Sec.  33.  The  enumeration  in  this  constitution  of  certain  rights 
jihall  not  be  construed  to  deny  others  retained  by  the  people. 

Article  III. 

DISTRIBUTION    OF   POWERS. 

The  powers  of  the  government  of  the  State  of  Arizona  shall  be 
divided  into  three  separate  departments,  the  legishitive.  the  execu- 
tive, and  the  judicial:  and.  except  as  provided  in  this  constitution, 
such  dei^artments  shall  be  separate  and  distinct,  and  no  one  of  such 
departments  shall  exercise  the  power-  properly  belonging  to  either 
of  the  others. 

Artict.e  IV. 

LEGISLATIVE    DEPARTMENT. 

1.  Initiative  and  referendnni. 

Sec.  1.  (1)  The  legislative  authority  of  the  State  shall  be  vested 
in  a  legislature,  consisting  of  a  senate  and  a  house  of  representatives, 
but  the  people  reserve  the  power  to  propose  laws  and  amendments 
to  the  constitution  and  to  enact  or  reject  such  laws  and  amendments 
at  the  polls,  independently  of  the  legislature;  and  they  also  reserve, 
for  use  at  their  own  option,  the  power  to  approve  or  reject  at  the 
polls  any  act,  or  item,  section,  or  part  of  any  act,  of  the  legislature. 

(2)  The  first  of  these  reserved  powers  is  the  initiative.  Under 
this  power  ten  per  centum  of  the  qualified  electors  shall  have  the 
right  to  joropose  any  measure,  and  fifteen  per  centum  shall  have  the 
right  to  propose  any  amendment  to  the  constitution. 

(3)  The  second  of  these  reserved  powers  is  the  referendum. 
Under  this  power  the  legislature,  or  five  per  centum  of  the  qualified 
electors,  may  order  the  submission  to  the  people  at  the  polls  of  any 
measure,  or  item,  section,  or  part  of  any  measure,  enacted  by  the 
legislature,  except  laws  inmiediately  necessary  for  the  preservation 
of  the  public  peace,  health,  or  safety,  or  for  the  support  and  main- 
tenance of  the  departments  of  the  State  government  and  State  in- 
stitutions; but  to  allow  opportunity  for  referendum  petitions,  no  act 
passed  by  the  legislature  shall  be  operative  for  ninety  days  after  the 
close  of  the  session  of  the  legislature  enacting  such  measure,  except 
such  as  require  earlier  operation  to  preserve  the  public  peace,  health, 
or  safety,  or  to  provide  appropriations  for  the  support  and  main- 
tenance of  the  dej^artments  of  State  and  of  State  institutions;  pro- 
vided, that  no  such  emergency  measure  shall  be  considered  passed 
by  the  legislature  unless  it  shall  state  in  a  separate  section  why  it  is 
necessary  that  it  shall  Ijecome  immediately  operative,  and  shall  be 
approved  by  the  affirmative  votes  of  two-thirds  of  the  members 
elected  to  each  house  of  the  legislature,  taken  by  roll  call  of  ayes  and 
naj's,  and  also  approved  by  the  governor;  and  should  such  measure 
be  vetoed  by  the  governor,  it  shall  not  become  a  law  unless  it  shall  be 
approved  by  the  votes  of  three-fourths  of  the  members  elected  to 
each  house  of  the  legislature,  taken  b}'  roll  call  of  ayes  and  nays. 


6  CONSTITUTIOX    ADOPTED   BY    ARIZONA. 

(4)  All  petitions  submitted  uiuler  the  nower  of  the  initiative  shall 
be  known  :i-^  initiative  {X'titions.  and  shall  ho  filed  with  the  secretary 
of  State  not  less  than  four  months  i)receilin«r  ll>e  date  of  the  election 
at  which  iln-  measures  so  j)rojx>sed  arc  to  U'  voted  upon.  All  peti- 
tions submitted  under  the  power  of  the  referendum  shall  l)e  known 
ns  ivfeirndum  jn'tititJiis.  and  sliall  U-  lilcd  uitli  the  secretary  of  state 
not  more  than  ninety  days  after  the  linal  adjournment  of  the  session 
of  the  le*;i^lature  wjiich  shall  have  passed  the  measure  to  which  the 
referendum  is  applied.  The  filin*?  of  a  referendmn  petition  against 
any  item,  section,  or  part  of  any  measure  shall  not  prevent  the  re- 
mainder of  such  measure  from  becominpf  o|x'rative. 

(.'))  Any  njeasure  of  amendment  to  the  constitution  proposed 
uruler  th<'  initiative,  and  any  measure  to  whicli  the  referendum  is 
applied,  shall  be  referre<|  to  a  vote  of  the  (pr-dified  electors,  and 
shall  become  law  when  appi-oved  l)y  a  majority  of  the  votes  cast 
thereon  and  upon  prochimation  of  tlie  «rovernor.  and  not  otherwise. 

((■>)  The  veto  power  of  the  pfovernor  shall  not  extend  to  initiative 
or  referendum  measures  ajjproved  by  a  majority  of  the  qualified 
electors. 

(7)  The  whole  number  of  votes  cast  for  all  candidates  for  jjov- 
ernor  at  the  ireneral  election  last  precedinjr  the  filincf  of  any  initia- 
tive or  referetidum  petition  on  a  Slate  or  county  measure  shall  be 
the  basis  on  which  the  number  of  (|ualified  electors  required  to  sign 
such  p<tifion  shall  be  comj)ute(l. 

(8)  The  i^owers  of  the  initiative  and  the  referendum  are  hereby 
further  reserved  to  the  qualified  electors  of  every  incorporated  city, 
town,  and  county  as  to  all  local,  city,  town,  or  county  matters  on 
which  such  incorporated  cities,  towns,  and  counties  are  or  shall  be 
empowered  by  general  laws  to  legislate.  Such  incorporated  cities, 
towns,  and  counties  may  ])rescril)e  tlie  m:inner  of  exercising  said 
power  within  the  restrictions  of  general  laws.  Under  the  power  of 
the  initiative  fifteen  per  centum  of  the  qualified  electors  may  propose 
measures  on  such  local,  city.  town,  or  county  matters,  and  ten  per 
centimi  of  the  electors  may  propose  the  referendum  on  legislation  en- 
acted within  and  by  such  city,  town,  or  count3\  Until  provided  by 
•jeneral  law,  said  cities  and  toAvns  may  prescribe  the  basis  on  which 
said  percentages  shall  be  computed. 

(D)  iMery  initiative  or  referendum  petition  shall  be  addressed  to 
the  secretary  of  state  in  the  case  of  petitions  for  or  on  State  measures, 
and  to  the  ck'rk  of  the  board  of  supervisors,  city  clerk,  or  correspond- 
ing oflicer  in  the  case  of  petitions  for  or  on  county,  city,  or  town 
measures:  and  shall  contain  the  declaration  of  each  petitioner,  for 
himself,  that  he  is  a  qualified  elector  of  the  State  (and  in  the  case  of 
petitions  for  or  on  city,  town,  or  county  measures,  of  the  city,  town, 
or  county  affected),  his  post-office  address,  the  street  and  number,  if 
any,  of  his  residence,  and  the  date  on  which  he  signed  such  petition. 
Each  sheet  containing  |)et  it  loners'  signatures  shall  be  attached  to  a 
full  and  (Correct  copy  of  the  title  and  text  of  the  measure  so  proposed 
to  be  iriitiated  or  referred  to  the  ])e()ple.  and  every  sheet  of  every 
«;uch  petition  containing  signatures  shall  be  verified  by  the  affidavit 
of  the  person  wiio  circidated  said  sheet  or  petition,  setting  forth 
that  each  of  the  names  on  said  sheet  was  signed  in  the  presence  of 
the  afliant,  and  that  in  the  belief  of  the  affiant  each  signer  was  a 


CONSTITUTIOX    ADOPTED    BY   ARIZONA.  7 

qualified  elector  of  the  State,  or  in  the  case  of  a  city,  town,  or  county 
measure,  of  the  city,  town,  or  county  affected  by  the  measure  so  pro- 
posed to  be  initiated  or  referred  to  the  people. 

(10)  When  any  initiative  or  ret'erendinn  petition  or  any  measure 
referred  to  the  people  by  the  lei^islature  shall  be  filed,  in  accordance 
with  this  section,  with  the  secretary  of  state,  he  shall  cause  to  be 
printed  on  the  official  ballot  of  the  next  regular  general  election  the 
title  and  number  of  said  measure,  tog^ether  with  the  words  "  Yes" 
and  "  No  "  in  such  mann'er  that  the  electors  may  express  at  the  polls 
their  approval  or  disapproval  of  the  measure. 

(11)  The  text  of  all  measures  to  be  submitted  shall  be  published 
as  proposed  amendments  to  the  constitution  are  published,  and  in 
submitting  such  measures  and  proposed  amendments  the  secretary  of 
state  and  all  other  officers  shall  be  guided  by  the  general  law  until 
legislation  shall  be  especially  provided  therefor. 

(12)  If  two  or  more  conflicting  measures  or  amendments  to  the 
constitution  shall  be  approved  by  the  people  at  the  same  election, 
the  measure  or  amendment  receiving  the  greatest  number  of  affirma- 
tive votes  shall  prevail  in  all  particulars  as  to  which  there  is  conflict. 

(13)  It  shall  be  the  duty  of  the  secretary  of  state,  in  the  presence 
of  the  governor  and  the  chief  justice  of  the  supreme  court,  to  can- 
vass the  votes  for  and  against  each  such  measure  or  proposed  amend- 
ment to  the  constitution  within  thirty  days  after  the  election,  and 
upon  the  completion  of  the  canvass  the  governor  shall  forthwith  is- 
use  a  proclamation,  giving  the  whole  number  of  votes  cast  for  f»nd 
against  each  measure  or  proposed  amendment,  and  declaring  such 
measures  or  amendments  as  are  approved  by  a  majority  of  those  a  ot- 
ing  thereon  to  be  law. 

(14)  This  section  shall  not  be  construed  to  deprive  the  legis- 
lature of  the  right  to  enact  any  measure. 

(15)  This  section  of  the  constitution  shall  be,  in  all  respects, 
self -executing. 

Sec.  2.  The  legislature  shall  provide  a  penalty  for  any  wilfuU  vio- 
lation of  any  of  the  provisions  of  the  preceding  section. 

2.  The  legislature. 

Sec.  1.  Until  otherwise  provided  by  law,  the  senate  shall  consist 
of  19  members,  and  the  house  of  representatives  of  35  members,  and 
senators  and  representatives  shall  be  apportioned  among  the  several 
counties  as  follows : 

Apache  Count}',  1  senator,  1  representative;  Cochise  County,  2 
senators,  7  representatives;  Coconino  County,  1  senator,  1  represent- 
ative; Gila  Count}^,  2  senators,  3  representatives;  Graham  County, 
1  senator,  2  representatives ;  Greenlee  county,  1  senator.  2  representa- 
tives; Maricopa  County,  2  senators,  6  representatives;  Mohave 
County,  1  senator,  1  representative;  Navajo  County,  1  senator.  1  rep- 
resentative; Pima  County,  2  senators,  3  representatives;  Pinal 
County,  1  senator,  1  representative;  Santa  Cruz  County,  1  senator,  1 
representative;  Yavapai  County,  2  senators,  4  reju-esentatives;  Yuma 
County,  1  senator,  2  representatives. 

Sec.  2.  No  person  shall  be  a  member  of  the  legislature  unless  he 
shall  be  a  citizen  of  the  United  States  at  the  time  of  his  election,  nor 
unless  he  shall  be  at  least  twenty-five  years  of  age,  and  shall  have 


S  CONSTITUTION    ADOPTED  BY  ARIZONA. 

Uh'ii  ii  leisident  of  Ari/oim  at  least  three  years  and  of  the  county 
from  wh'u'h  he  i.s  elected  at  lea>t  one  year  before  his  election. 

Sk<-.  ."5.  'VUr  M'>sions  of  (h«*  le^M^latiiVe  shall  be  lield  biennially  at  the 
oHpitol  of  the  Stati'.  and  cxccpl  :i><  to  the  lirst  session  thereof,  shall 
rouniH'nrj-  on  the  second  Monday  of  .January  next  after  the  election 
of  ni«'iiib«'r^  of  the  lejrislalure.  The  first  session  shall  convene  not 
les«;  than  thirty  nor  ni(»re  than  sixty  days  after  the  admission  of 
the  State  into  tlie  Union,  'i'hc  <^ovcrnor  may  call  a  s])ecial  session 
whenever  in  his  judjjinent  it  is  advisable.  In  calling  such  special  ses- 
sion, the  •governor  .shall  specify  the  subjects  to  be  considered  at  such 
.i-cssiiin.  and  at  such  se.ssion  no  hnvs  shall  be  enacted  except  such  as 
relate  to  the  subjects  mentioned  in  such  call.  • 

Skc.  4.  No  person  holding  any  public  ofHce  of  profit  oi'  trust  under 
the  authority  of  the  United  States,  or  of  this  State,  shall  be  a  mem- 
ber of  the  legislature:  Provided.  Tliiit  iippointments  in  the  State 
militia  and  the  offices  of  notary  public,  justice  of  the  peace,  United 
States  commissioner,  and  postmaster  of  the  fourth  cln>s.  shall  not  work 
dis<jiMdificntion  for  membership  within  the  meaning  of  this  section. 

Sv.c.  T).  No  member  of  the  legislature,  during  the  term  for  which 
he  shall  have  been  ele<'ted.  shall  be  appointed  or  elected  to  any  civil 
ollice  of  prolit  undoi-  this  State.  Avhich  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased,  during  said  term. 

Skc.  (■».  .Meuibers  of  the  legislature  shall  be  privileged  from  arrest 
in  all  case.s  except  treason,  felony,  and  breach  of  the  peace,  and  they 
shall  not  be  subject  to  any  civil  process  during  the  session  of  the 
legislature,  nor  for  fifteen  days  next  before  the  conmiencement  of 
each  session. 

Sec.  7.  No  member  of  the  legislature  shall  be  liable  in  any  civil  or 
criminal  prosecution  for  words  spoken  in  debate. 

Skc.  S.  Kach  house,  when  assembled,  shall  choose  its  own  officers, 
judge  of  the  election  and  qualification  of  its  own  meml)ers.  and  de- 
termine it,'^  own  rules  of  |)rocedure. 

Skc.  0.  The  majority  of  the  members  of  each  house  shall  constitute 
a  quorum  to  do  business,  but  a  smaller  number  may  meet,  adjourn 
from  day  to  day.  and  compel  the  attendance  of  absent  members,  in 
sucIj  manner  and  under  such  penalties  as  each  House  may  prescribe. 
Neither  House  shall  adjom-n  for  more  than  three  days,  nor  to  any 
place  other  than  that  in  \v]ii<-h  it  uuiy  l)e  sitting.  Avithout  the  con- 
sent of  the  other. 

Skc.  10.  Kach  house  shall  keep  a  journal  of  its  proceedings,  and  at 
the  request  of  two  members  the  ayes  and  nays  on  roll  call  on  any 
question  shall  be  entered. 

Skc.  11.  Kach  house  may  punish  its  members  for  disorderly  be- 
havior, and  may,  with  the  concurrence  of  two-thirds  of  its  members, 
expel  any  member. 

Sec.  ri.  Every  bill  shall  bo  rea<l  by  sections  on  three  different 
days,  unless  in  case  of  emergency,  two-thirds  of  either  house  deem 
if  expedient  to  disjiense  with  this  rule;  but  the  i-eading  of  a  bill  by 
sections  on  its  final  i)assage  shall  in  no  case  be  dispensed  with,  and 
tiie  vote  on  the  final  passage  of  any  bill  or  joint  i-esolution  shall  be 
taken  by  ayes  and  nays  on  i-oIl  call.  Kvery  measure  when  finally 
passed  shall  be  pic-cufcl  lo  llic  governor  for  his  approval  or  disap- 
proval. 


CONSTITUTION   ADOPTED   BY   ARIZONA.  9 

Sec.  13.  Every  act  shall  embrace  but  one  subject  and  matters 
properly  connected  therewith,  which  subject  shall  be  expressed  in 
the  title;  but  if  any  subject  shall  be  embraced  in  an  act  which  shall 
not  be  expressed  in  the  title,  such  act  shall  be  void  only  as  to  so 
much  thereof  as  shall  not  be  embraced  in  the  title. 

Sec.  14.  No  act  or  section  thereof  shall  be  revised  or  amended  by 
mere  reference  to  the  title  of  such  act,  but  the  act  or  section  as 
amended  shall  be  set  forth  and  published  at  full  length. 

Sec.  15.  A  majority  of  all  members  elected  to  each  house  shall  be 
necessary  to  pass  any  bill,  and  all  bills  so  passed  shall  be  signed  by 
the  presiding  officer  of  each  house  in  open  session. 

Sec.  16.  Any  member  of  the  legislature  shall  have  the  right  to 
protest  and  have  the  reasons  of  his  protest  entered  on  the  journal. 

Sec.  17.  The  legislature  shall  never  grant  any  extra  compensation 
to  any  public  officer,  agent,  servant,  or  contractor,  after  the  services 
shall  have  been  rendered  or  the  contract  entered  into,  nor  shall  the 
compensation  of  any  public  officer  be  increased  or  diminished  during 
his  term  of  office. 

Sec.  18.  The  legislature  shall  direct  by  law  in  what  manner  and  in 
what  courts  suits  may  be  brought  against  the  State. 

Sec.  19.  No  local  or  special  laws  shall  be  enacted  in  any  of  the 
following  cases,  that  is  to  say : 

1.  Granting  divorces. 

2.  Locating  or  changing  county  seats. 

3.  Changing  rules  of  evidence. 

4.  Changing  the  law  of  descent  or  succession. 

5.  Regulating  the  practice  of  courts  of  justice. 

6.  Limitation  of  civil  actions  or  giving  effect  to  informal  or  invalid 
deeds. 

7.  Punishment  of  crimes  and  misdemeanors. 

8.  Laying  out,  opening,  altering,  or  vacating  roads,  plats,  streets, 
alleys,  and  public  squares. 

9.  Assessment  and  collection  of  taxes. 

10.  Regulating  the  rate  of  interest  on  money. 

11.  The  conduct  of  elections. 

12.  Affecting  the  estates  of  deceased  persons  or  of  minors. 

13.  Granting  to  any  corporation,  association,  or  individual  any 
special  or  exclusive  privileges,  immunities,  or  franchises. 

14.  Remitting  fines,  penalties,  and  forfeitures. 

15.  Changing  names  of  persons  or  places. 

16.  Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace. 

17.  Incorporation  of  cities,  towns,  or  villages,  or  amending  their 
charters. 

18.  Relinquishing  any  indebtedness,  liability,  or  obligation  to  this 
State. 

19.  Summoning  and  empanelling  of  juries. 

20.  When  a  general  law  can  be  made  applicable. 

Sec,  20.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  different  departments  of  the  State,  for  State 
institutions,  for  public  schools,  and  for  interest  on  the  public  debt. 
All  other  appropriations  shall  be  made  by  separate  bills,  each  embrac- 
ing but  one  subject. 


10  CONSTITUTION    ADOPTED   BY   ARIZONA. 

Skc  •'>1  Tlie  inemLers  of  tlie  first  k-jrislatuie  shall  hold  office  until 
the  first  Moiulay  in  Jannary.  1913.  The  terms  of  office  of  the  mem- 
hers  of  siK-reedili*,'  le^ishitures  shall  be  two  years.  <.    ,      ,     •  i 

Skc.  '2-2.  rntil  otherwise  provided  by  law  members  of  the  legisla- 
tun-  -hall  receive  seven  dollars  i)er  day:  Prooided,  however,  That 
thev  shall  receive  such  salary  f(»r  a  period  not  to  exceed  sixty  days 
in  any  one  session.  They  >hall  also  receive  mileage  one  way,  by  the 
shortest  practicable  route,  at  the  rate  of  twenty  cents  per  nnle. 

Sec.  2;{.  It  shall  not  be  law  fid  for  any  person  holding  public 
office  in  this  State  to  accept  or  use  a  pass,  or  to  purchase  trans- 
portation from  any  railroad  or  other  corporation  other  than  as 
such  transportation'  nuiy  be  i)urchased  by  the  general  public:  Pro- 
vided. That  this  shall  not  apply  to  members  of  the  National  Guard 
of  Arizona  traveling  under  orders.  The  legislature  shall  enact  laws 
to  enforce  this  provision. 

Sec.  24.  The  enacting  clause  of  every  bill  enacted  by  the  legis- 
lature shall  be  as  folh.ws:  '"Be  it  enacted  by  the  Legislature  of  the 
State  of  Arizona,"  or,  when  the  initiative  is  used,  "  Be  it  enacted  by 
the  people  of  the  State  of  Arizona." 

Article  V. 

EXECUTIVE  DEPARTMENT. 

Sec.  1.  The  executive  department  of  the  State  shall  consist  of 
governor,  secretary  of  state,  state  auditor,  state  treasurer,  attorney 
general,  and  superintendent  of  public  instruction,  each  of  whom 
shall  hold  his  office  for  two  years  beginning  on  the  first  Monday  of 
January  next  after  his  election,  except  that  the  terms  of  office  of 
th.ose  elected  at  the  election  provided  for  in  the  enabling  act  ap- 
proved June  20,  1010,  shall  begin  when  the  State  shall  be  admitted 
into  the  T'nion,  and  shall  end  on  the  first  ^londay  in  January,  A.  D, 
irn.'^,  or  when  their  successors  are  elected  and  qualify. 

The  persons,  respectively,  having  the  highest  number  of  votes  cast 
for  the  office  voted  for  shall  V)e  elected;  but  if  two  or  more  persons 
shall  have  an  equal  and  the  highest  number  of  votes  for  any  one  of 
said  offices,  the  two  houses  of  the  legislature,  at  its  next  regular  ses- 
.•«ion,  shall  elect  forthwith,  by  joint  ballot,  one  of  such  persons  for 
said  office. 

The  officers  of  the  executive  department  during  their  terms  of  office 
shall  reside  at  the  seat  of  government,  where  they  shall  keep  their 
offices  and  the  public  records,  books,  and  papers.  They  shall  per- 
form such  duties  as  are  prescribed  by  this  constitution  and  as  may 
be  provided  by  law. 

Skc.  2.  Xo  person  shall  be  eligible  to  any  of  the  offices  mentioned 
in  s<»ction  1  of  this  article  except  a  male  person  of  the  age  of  not  less 
than  twenty-five  years,  who  shall  have  been  for  ten  years  next  pre- 
ceding his  election  a  citizen  of  the  United  States  and  for  five  years 
next  preceding  his  election  a  citizen  of  Arizona. 

Sec.  3.  The  governor  shall  be  commander  in  chief  of  the  military 
forces  of  the  State,  except  when  such  forces  shall  be  called  into  the 
service  of  the  United  States. 

Skc.  4.  The  governor  shall  transact  all  executive  business  with 
the  officers  of  the  government,  civil  and  military,  and  may  require 


CONSTITUTION   ADOPTED   BY   ARIZONA.  11 

information  in  writino-  from  the  officers  in  the  execntive  department 
npon  any  snbject  rehitinjLr  to  the  duties  of  their  respective  offices.  He 
shall  take  care  that  the  laws  be  faithfully  executed.  He  may  con- 
vene the  legislature  in  extraordinary  session.  PTe  shall  communicate 
by  message  to  the  legislature  at  every  session  the  condition  of  the 
State  and  recommend  such  matters  as  he  shall  deem  expedient. 

Sec.  5.  The  governor  shall  have  poAver  to  grant  reprieves,  com- 
mutation, and  pardons,  after  convictions,  for  all  offenses  except 
treason  and  cases  of  impeachment  upon  such  conditions  and  with 
such  restrictions  and  limitations  as  may  be  provided  by  law. 

Sec.  6.  In  case  of  the  impeachment  of  the  governor,  or  his  removal 
from  office,  death,  inabilitj-  to  discharge  the  duties  of  his  office,  resig- 
nation, or  absence  from  the  State,  the  powers  and  duties  of  the  office 
shall  devolve  upon  the  secretary  of  state  until  the  disability  ceases, 
or  during  the  remainder  of  the  term. 

Sec.  7.  Every  bill  passed  by  the  legislature,  before  it  becomes 
a  law,  shall  be  presented  to  the  governor.  If  he  approve,  he  shall 
sign  it,  and  it  shall  become  a  law  as  provided  in  this  constitution. 
But  if  he  disapprove,  he  shall  return  it,  with  his  objections,  to  the 
house  in  which  it  originated,  which  shall  enter  the  objections  at 
large  on  the  journal.  If  after  reconsideration  it  again  passes  both 
houses  by  an  aye  and  nay  vote  on  roll  call  of  two-thirds  of  the 
members  elected  to  each  house,  it  shall  become  a  law  as  provided 
in  this  constitution,  notwithstanding  the  governor's  objections.  This 
section  shall  not  apply  to  emergency  measures  as  referred  to  in 
section  1  of  the  article  on  the  legislative  department. 

If  any  bill  be  not  returned  within  five  days  after  it  shall  have 
been  presented  to  the  governor  (Sunday  excepted)  such  bill  shall 
become  a  law  in  like  manner  as  if  he  had  signed  it,  unless  tlie  leg- 
islature by  its  final  adjournment  prevents  its  return,  in  which  case 
it  shall  be  filed,  with  his  objections,  in  the  office  of  the  secretary 
of  state  within  ten  days  after  such  adjournment  (Sundays  excepted) 
or  become  a  law  as  provided  in  this  constitution.  After  the  final 
action  by  the  governor,  or  following  the  adoption  of  a  bill  notwith- 
standing his  objection,  it  shall  be  filed  with  the  secretary  of  state. 

If  any  bill  presented  to  the  governor  contains  several  items  of 
appropriations  of  money,  he  may  object  to  one  or  more  of  such  items, 
while  approving  other  portions  of  the  bill.  In  such  case  he  shall 
append  to  the  bill  at  the  time  of  signing  it.  a  statement  of  the  item 
or  items  which  he  declines  to  ajjprove.  together  with  his  reasons  there- 
for, and  such  item  or  items  shall  not  take  effert  unless  passed  over 
the  governor's  objections  as  in  this  section  provided. 

The  veto  power  of  the  governor  shall  not  extend  to  any  bill  passed 
by  the  legislature  and  referred  to  the  people  for  adoption  or  rejection. 

Sec.  8.  When  any  office  shall,  from  any  cause,  become  vacant,  and 
no  mode  shall  be  provided  by  the  constitution  or  by  law.  for  filling 
such  vacancy,  the  governor  shall  have  the  power  to  fill  such  vacancy 
by  appointment. 

Sec.  0.  The  powers  and  duties  of  secretary  of  state.  State  treasurer, 
State  auditor,  attorney  general,  and  superintendent  of  public  instruc- 
tion shall  be  as  prescribed  by  law. 

Sec.  10.  Xo  person  shall  be  eligible  to  succeed  himself  to  the  office 
of  State  treasurer  for  the  succeeding  two  years  after  the  expiration 
of  the  term  for  which  he  shall  have  been  elected. 


12  CONSTITUTION   ADOPTED   BY   ARIZONA. 

Si:c.  11.  The  returns  of  the  election  fnv  all  State  officers  shall  be 
canvasswl.  and  certificates  of  t'Ie<*ti<»n  issued  by  the  secretary  of  state, 
in  siirji  manner  as  may  be  provided  by  law. 

Sk<-.  V2.  \\\  <()iumissions  shall  issue  in  the  name  of  the  State,  and 
shall  Ix'  sig^ned  by  the  governor,  sealed  with  the  seal  of  the  State,  and 
attested  by  the  secretary  of  state. 

Skc.  13.  Until  otherwise'  provided  by  law.  the  salaries  of  the  State 
officers  shall  be  as  follows: 

G()Vern<M-.  four  thousand  dollars  j:»er  annum. 

Secretary  of  state,  three  thousand  five  hundred  dollars  per  annum. 

State  auditor,  three  thousantl  dollars  j)er  annum. 

State  treasurer,  three  thousand  dollars  per  annum. 

Attorney  /general,  twenty-five  hundred  dollars  per  annum. 

Su|)erint4'ndent  of  public  instruction,  tAventy-five  hundred  dollars 
per  anrnim. 

AirrifLE  VI. 
.1  rnrriAL  departmkxt. 

Sec.  1.  The  judicial  jiower  of  the  State  shall  be  vested  in  a  supreme 
court,  superior  courts,  justices  of  the  peace,  and  such  courts  inferior 
to  the  superior  courts  as  may  be  provided  by  laAv. 

Sec.  2.  The  supreme  court  shall  consist  of  three  judges,  a  majority 
of  whom  shall  be  necessary  to  form  a  quorum  and  pronounce  a  de- 
cision. The  said  court  shall  always  be  open  for  the  transaction  of 
business.  e.\ce])t  on  nonjudicial  days.  In  the  determination  of  causes, 
all  decisions  of  the  court  shall  be  given  in  writing,  and  the  grounds 
of  the  decisions  shall  be  stated.  The  number  of  judges  may  be  in- 
creased or  diminished  from  time  to  time  by  law:  provided,  that  said 
court  ^hall  at  all  times  be  constituted  of  at  least  three  judges. 

Sec.  :].  Judges  of  the  supreme  court  shall  be  elected  at  the  general 
election  to  be  held  nndei-  the  provisions  of  the  enabling  act  approved 
June  L'O.  11)10.  Their  term  of  office  shall  be  coterminous  with  that 
of  the  governor  of  the  State  elected  at  the  same  time,  and  the  one- 
receiving  the  highest  lunnber  of  votes  shall  be  the  chief  justice.  At 
the  fir-t  general  State  election  thereafter,  held  under  this  constitution. 
at  which  a  g<nernor  is  voted  for.  three  judges  of  the  supreme  court 
shall  i)e  elected,  and  the  judges  elected  thereat  shall  be  classified  by 
lot.  .so  that  one  shall  hold  office  for  a  term  of  six  years,  one  for  a  teriii 
of  foui-  years,  and  one  for  a  term  of  two  years,  from  and  after  the 
first  Monday  in  January  next  succeeding  said  election.  The  lot 
shall  be  drawn  by  the  judges  elect,  who  shall  assemble  for  that  ]Mir- 
pose  at  the  State  capitol.  and  shall  cause  the  results  to  be  certified  to 
the  secretary  of  state,  wlio  shall  file  the  same  in  his  office. 

The  juilge  having  the  shortest  time  to  serve,  and  not  holdino-  his 
office  by  apix.intment  or  by  election  to  fill  a  vacancy,  shall  be  the 
chief  ju.-^tice.  and  shall  i)i-eside  at  all  sessions  of  the  supreme  court. 
In  case  of  ab.sen(;e  of  the  chief  justice,  the  judae  having  in  like  man- 
ner the  .shorfi'st  time  to  serve  shall  preside. 

.\fter  the  lii>t  State  election  one  judge  shall  l)e  elected  every  two 
years  at  the  general  election,  and  the  term  of  the  judge  elected"  shall 
be  SIX  years  from  and  aftci-  the  first  :\rondav  1n  Jannaiv  next  sue- 


CONSTITUTION    ADOPTED  BY   ARIZONA.  13 

ceedino-  his  election,  aiul  judges  so  elected  shall  hold  office  until  their 
successors  are  elected  and  qualify. 

If  a  vacancy  occur  in  the  office  of  judge  of  the  supreme  court,  the 
governor  shall  appoint  a  person  to  fill  such  vacancy  until  the  elec- 
tion and  qualification  of  a  judge  to  hold  said  office,  which  election 
shall  take  place  at  the  next  succeeding  general  election,  and  the 
person  so  elected  shall  hold  office  foi-  flic  remainder  of  the  unexpired 
term. 

"Whenever  for  any  reason  any  judge  sliaH  be  disqualified  from  act- 
ing in  any  cause  brought  before  said  court,  the  remaining  judges  of 
said  court  shall  call  one  of  the  judges  of  the  suj^erior  court  to  sit  with 
them  on  the  hearing  of  said  cause. 

The  sessions  of  the  supreme  court  shall  be  held  at  tlie  seat  of  gov- 
ernment. 

The  judges  of  the  supreme  court  shall  be  elected  at  the  general 
State  election  by  the  qualified  electors  of  the  State  at  large.  The 
names  of  all  candidates  for  the  office  of  judge  of  the  supreme  court 
shall  be  placed  on  the  regular  ballot  in  alphabetical  order  without 
partisan  or  other  designation  except  the  title  of  the  office. 

Sec.  4.  The  supreme  court  shall  have  original  jurisdiction  in  lial)eas 
corpus  and  quo  warranto  and  mandamus  as  to  all  State  officers.  It 
shall  have  appellate  jurisdiction  in  all  actions  and  proceedings,  but 
its  appellate  jurisdiction  shall  not  extend  to  civil  actions  at  law  for 
recovery  of  money  or  personal  propert}^  where  the  original  amount 
in  controversy  or  the  value  of  the  property  does  not  exceed  tlic  sum 
of  two  hundred  dollars,  unless  the  action  involves  the  validity  of  a 
tax.  impost,  assessment,  toll,  municipal  fine,  or  statute. 

The  supreme  court  shall  also  have  power  to  issue  writs  of  man- 
damus, review,  prohibition,  habeas  corpus,  certiorari,  and  all  other 
writs  necessary  and  proper  to  the  complete  exercise  of  its  appellate 
and  revisory  jurisdiction. 

The  supreme  court  shall  have  original  and  exclusive  jurisdiction 
to  hear  and  determine  all  causes  between  counties  concerning  dis- 
puted boundaries  and  surveys  thereof,  or  concerning  claims  of  one 
county  against  another.     Such  trials  shall  be  to  the  court  without  a 

jury-" 

Each  judge  of  the  supreme  court  shall  have  power  to  issue  writs 
of  habeas  corpus  to  any  part  of  the  State  upon  petition  by,  or  (m 
behalf  of,  any  person  held  in  actual  custody,  and  may  make  such 
writs  returnable  before  himself,  or  before  the  supreme  court,  or 
before  any  superior  court  of  the  State  or  any  judge  thereof. 

Sec.  5.  There  shall  be  in  each  of  the  organized  counties  of  the  State 
a  superior  court,  for  which  at  least  one  judge  shall  be  elected  by  the 
qualified  electors  of  the  county  at  the  general  election:  Provided, 
that  for  each  county  having  a  census  enumeration  greater  than  thirty 
thousand  inhabitants,  one  judge  of  the  superior  court  for  every  addi- 
tional thirty  thousand  inhabitants,  or  majority  fraction  thereof,  may 
be  provided  by  law.  In  any  county  where  there  shall  be  more  than 
one  judge  of  the  superior  court,  there  may  be  as  many  sessions  of  the 
superior  court  at  the  same  time  as  there  are  judges  thereof,  and  the 
business  of  the  court  shall  be  so  distributed  and  assigned  by  law,  or 
in  the  absence  of  legislation  therefor,  by  such  rules  and  orders  of  the 
court  as  shall  best  promote  and  secure  the  convenient  and  expeditious 
transaction  thereof. 


14  CUXSTITUTIOX    ADurXED   BY    ARIZONA. 

'llii-  jiitlijiuonts.  decrees,  orders,  and  proceedings  of  any  session  of 
the  .sii|HMit»r  court  held  by  any  one  or  more  of  the  judges  of  such 
court  sliall  he  e(|ually  effectual  as  if  all  the  judges  of  said  court  had 
prtijided  at  such  session. 

'J'hc  tir>t  judifes  of  ihi'  -ti|K'rior  court  nIuiII  he  elected  at  the  general 
ole<-ti(»n  to  he  held  under  the  provisions  of  the  eual)ling  act  approved 
•Tune  20,  r.»l().  Their  teiiu  of  olliee  -hall  he  coterminous  with  that  of 
the  governor  of  the  State  eh'cted  at  the  same  time.  Thereafter  the 
term  of  office  of  all  judges  of  the  superior  court  shall  he  four  yeai-s, 
fn»m  and  after  the  first  Monday  in  January  next  succeeding  their 
elertiou  and  until  their  successors  aiv  elected  and  qualify. 

.Ml  judges  of  the  superior  court  shall  he  elected  at  the  general  State 
fieri  ion  liy  the  (|ualified  electors  of  their  respective  counties.  The 
names  of  all  candidate^  for  the  oflice  of  judge  of  the  superior  court 
>hall  he  placed  on  the  regular  hallot  in  alphahetical  order,  without 
ony  partisan  oi"  other  designation  except  the  title  of  the  oflice.  If  a 
\acancy  occur  in  the  oHice  of  judge  of  the  superior  court,  the  governor 
.shall  appoint  a  iH-r-oii  to  fill  the  vacancy  until  the  election  and 
Oiudification  of  a  judge  to  hold  said  office,  which  election  i^hall  he  at 
tV.e  next  succeeding  general  election,  and  the  judge  so  elected  shall 
hold  olfice  for  the  remainder  of  the  unexpired  term. 

Skc.  (i.  Tiie  superior  court  shall  ha\e  oriuinal  jurisdiction  in  all 
oases  of  ecpiity  and  in  all  cases  at  law  which  involve  the  title  to,  or 
the  possession  of.  real  property,  or  the  legality  of  any  tax.  impost, 
assessment,  toll,  or  nnmicipal  fine,  and  in  all  other  cases  in  which 
the  demand,  or  the  value  of  the  property  in  controversy,  amounts  to 
two  hundred  dollars,  exclusive  of  interest  and  costs,  and  in  all 
criminal  cases  amounting  to  felony,  and  in  all  cases  of  misdemeanor 
not  otherwise  ):)roA  ided  for  by  law,  of  actions  of  forcible  entry  and 
detainer,  of  proceedings  in  insolvency,  of  actions  to  prevent  orabate 
luiisance,  of  all  matters  of  probate,  of  divorce  and  for  annulment  of 
marriage,  and  for  such  special  cases  and  proceedings  as  are  not  other- 
wise )>rovided  for. 

The  superior  court  shall  also  have  original  jurisdiction  in  all  cases 
and  of  all  proceedings  in  which  jurisdiction  shall  not  have  been  by 
law  vested  exclusively  in  some  other  court ;  and  said  court  shall  have 
the  power  of  naturalization  and  to  issue  papers  therefor.  Said  court 
shall  have  such  appellate  jurisdiction  in  cases  arising  in  justices'  and 
other  inferior  courts  in  their  respective  counties  as  may  be  pre- 
scribe<l  by  law.  The  process  of  said  court  shall  extend  to  all  parts  of 
theState.  ^ 

The  .superior  court  shall  have  exclusive  original  jurisdiction  in  all 
proceedings  and  matters  affecting  dependent,  neglected,  incorrigible, 
or  delinquent  children,  or  children  accused  of  crime,  under  the  age  ot 
eighteen  years.  The  judges  of  said  courts  must  hold  examinations  in 
chambers  of  all  .such  children  concerning  whom  proceedings  are 
brought,  in  advance  of  any  criminal  prosecution  of  such  children, 
and  shnll  have  the  power,  in  their  discretion,  to  suspend  criminal 
prosecution  for  any  offenses  that  may  have  been  committed  by  such 
children.  The  powers  of  said  judges  to  control  such  children  shall  be 
as  prescnl)od  by  law. 

The  superior  court  shall  at  all  times,  except  on  non-judicial  days, 
be  open  for  the  determination  of  non-jury  civil  causes  and  for  the 


CONSTITUTIOX    ADOPTED   BY    ARIZONA.  15 

transaction  of  business.  For  the  determination  of  civil  causes  and 
matters  in  which  a  jury  demand  has  been  entered,  and  for  the  trial 
of  criminal  causes,  a  trial  jury  shall  be  drawn  and  summoned  from 
the  bod}''  of  the  county  at  least  three  times  a  year. 

Superior  courts  and  their  judges  shall  liave  the  power  to  issue  Avrits 
of  mandamus,  quo  warranto,  review,  certiorari,  prohibition,  and  writs 
of  habeas  corpus  on  petition  by  or  on  behalf  of  any  person  in  actual 
custody  in  theii"  respecti\e  counties.  Injunctions,  attachments,  and 
writs  of  prohibition  and  of  habeas  corpus  may  be  issued  and  served 
on  legal  holidays  and  nonjudicial  days,  (irand  juries  shall  be  drawn 
and  summoned  only  by  order  of  the  sui)erior  court. 

Sec.  7.  The  judge  of  any  superior  court  ma}'  hold  a  superior  court 
in  any  county  at  the  request  of  the  judge  of  the  superior  court  thereof, 
and  in  case  of  the  disqualification  or  the  inability  of  the  judge 
thereof  to  serve,  and  upon  the  request  of  the  governor,  shall  do  so. 

Sec.  9>.  Any  judicial  officer  who  shall  absent  himself  from  the  State 
for  more  than  sixty  consecutive  days  shall  be  deemed  to  have  forfeited 
his  office ;  provided,  that  in  case  of  extreme  necessity  the  governor 
may  extend  the  leave  of  absence  such  time  as  the  necessity  therefor 
shall  exist. 

Sec.  9.  The  number  of  justices  of  the  peace  to  be  elected  in 
incorporated  cities  and  towns,  and  in  precincts,  and  the  powers, 
duties,  and  jurisdiction  of  jtistices  of  the  peace,  shall  be  provided  by 
law;  provided,  that  such  jurisdiction  granted  shall  not  trench  upon 
the  jurisdiction  of  an\  court  of  record,  except  that  said  justices  shall 
have  concurroit  jurisdiction  with  the  superior  court  in  cases  of 
forcible  entry  and  detainer,  where  the  rental  value  does  not  exceed 
twenty-five  dollars  per  month  and  where  the  whole  amount  of  dam- 
age claimed  does  not  exceed  two  hundred  dollars:  and  provided  that 
justices  of  the  peace  may  be  made  police  justices  of  incorporated  cities 
and  towns.  Prosecution  may  be  instituted  in  courts  other  than  courts 
of  record  upon  sworn  complaint. 

Sec.  10.  The  supreme  court  and  superior  courts  shall  be  courts  of 
rexjord.  Other  courts  of  record  may  be  established  by  law.  Ijut  courts 
of  justices  of  the  peace  shall  not  be  courts  of  record. 

The  salaries  of  the  judges  of  the  supreme  court  shall  be  paid  by 
the  State.  One-half  of  the  salary  of  each  of  the  judges  of  the  supe- 
rior coui-t  shall  l3e  paid  by  the  State,  and  the  other  one-half  by  the 
county  for  Avhich  he  is  elected.  Until  otherwise  provided  by  law, 
each  of  the  judges  of  the  supreme  court  shall  receive  an  annual 
salary  of  five  thousand  dollars.  Until  otherwise  provided  by  law,  the 
judges  of  the  superior  courts  in  and  for  the  counties  of  Maricopa, 
Pima,  Yavapai,  Gila,  and  Cochise  shall  each  receive  four  thousand 
dollars  per  annum;  the  judge  of  the  superior  court  in  and  for  the 
county  of  Greenlee  shall  receive  three  thousand  five  hundred  dollars 
per  annum :  and  the  judges  of  the  superior  courts  in  and  for  the  coun- 
ties of  Coconino,  Apache,  Navajo,  Santa  Cruz,  Yuma.  Pinal,  Graham, 
and  Mohave  shall  each  receive  three  thousand  dollars  per  annum. 

Sec.  11.  Judges  of  the  supreme  court  and  judges  of  the  superior 
courts  shall  not  be  eligible  to  any  office  or  public  employment  other 
than  a  judicial  office  of  employment,  during  the  term  for  which  they 
shall  have  been  elected. 


15  CONSTITUTION    .\DOPTED   BY   ARIZONA. 

Sec.  12.  Jiulfre?  ?l»all  i'<»t  chai<re  jiu'ies  Avith  respect  to  matters  of 
fact  n(»r  «^<tninie'iit  thereon,  hut  shall  declare  the  law. 

No  juclL'e  of  a  court  of  record  shall  practice  law  in  any  court  in 
this  State  .lurinjr  his  continuance  in  office. 

Skc.  1;5.  No  i)erson  shall  he  eli^dhle  for  the  office  of  judge  of  the 
supreme  court  unless  he  shall  he  learned  in  the  law,  at  least  thirty 
years  of  age.  and  shall  have  heen  a  judge  of.  or  admitted  to  practice 
before,  the  highest  court  of  Arizona  for  at  least  five  years  and  shall 
have  been  a  resident   of  Arizona   for  five  years  next  preceding  his 

election.  „  .    , 

No  peison  -hall  he  eligihle  foi-  the  office  of  judge  of  the  superior 
court  unless  he  shall  he  learned  in  the  law.  at  least  twenty-five  years 
of  age.  and  shall  have  heen  admitted  to  practice  before  the  highest 
court",  f  Arizona  for  at  least  two  years  and  shall  have  been  a  resident 
of  Arizona  for  two  years  ne.xt  preceding  his  election. 

Sec.  14.  'J'he  judges  of  the  supreme  court  shall  appoint  a  reporter 
for  the  decisions  of  that  court,  who  shall  he  removable  at  their  pleas- 
ure. He  shall  receive  such  annual  salary  as  may  be  prescribed  by 
law:  and  the  supreme  court  shall  have  the  power  to  fix  said  salary 
until  such  salary  shall  be  determined  by  law. 

Sfx".  1.").  ?2very  case  submitted  to  the  judge  of  a  superior  court  for 
his  decision  shall  be  decided  within  sixty  days  from  the  submission 
thereof:  l^rovided.  that  if  within  said  period  of  sixty  days  a  rehear- 
ing shall  have  been  ordered  the  period  within  which  he  must  decide 
shall  commence  at  the  time  the  case  is  sul)mitted  on  such  rehearing. 

Sec.  K).  Provisions  for  the  speedy  publication  of  the  opinions  of 
the  supreme  court  shall  be  made  by  law,  and  all  opinions  shall  be  free 
for  publication  l»y  any  person. 

Sec.  17.  The  judges  of  the  sui)reiiie  court  shall  appoint  a  clerk  of 
that  court,  who  shall  he  removable  at  their  pleasure  and  shall  receive 
nich  compensition.  by  salary  only,  as  may  be  provided  by  law:  and 
the  s\ipreme  court  sliall  have  ])Ower  to  fix  said  salary  until  such  salary 
shall  he  detennined  by  law. 

Sec.  18.  There  shall  he  elected  in  each  county,  by  the  qualified 
ehrtors  thereof,  at  the  time  of  the  election  of  judges  of  the  superior 
court  thereof,  a  clerk  of  the  superior  couii:,  for  a  term  of  four  years, 
who  shall  have  such  ))Owers  and  ])erform  such  duties  and  receive  such 
comi)ensatiou.  by  salaiy  only,  as  shall  be  provided  by  law.  Until 
such  salary  sliall  he  fixed  by  law  the  board  of  supervisors  shall  fix 
such  salary.  The  term  of  the  first  clerk  elected  shall  be  coterminous 
with  that  of  th<'  judge  of  said  county. 

Sec.  10.  The  judges  of  superior  courts  ma}'  appoint  such  court 
commissioners  in  their  respective  counties  as  may  be  deemed  neces- 
sary, who  shall  have  such  powers  and  perform  such  duties  and  re- 
reive  such  eomjHMisation  as  may  be  provided  by  law^ 

Sec.  -20.  The  style  of  all  process  shall  be  "The  State  of  Arizona." 
and  all  prosecutions  shall  be  conducted  in  the  name  of  the  State  of 
.\rizona  and  by  its  authority. 

Sec.  '21.  Kvery  judge  of  the  supreme  court  and  every  judge  of  the 
^u|->erior  court  shall,  before  entering  upon  the  duties  of  his  office,  take 
and  sul)scrilK'  an  oath  that  he  will  support  the  Constitution  of  the 
Tnited  States  and  tlie  constitution  of  the  State  of  Arizona,  and  Avill 
faithfully  and  impartially  discharge  the  duties  of  judge  to  the  best 


CONSTITUTION   ADOPTED  BY  ARIZONA.  17 

of  his  ability,  which  oath  shall  be  filed  in  the  office  of  the  secretary 
of  State. 

Sec.  22.  The  pleadings  and  proceedings  in  criminal  causes  in  the 
courts  shall  be  as  provided  by  law.  No  cause  shall  be  reversed  for 
technical  error  in  pleading  or  [)roceediiigs  when  upon  the  whole  case 
it  shall  appear  that  substantial  justice  has  been  done. 

Sec.  23.  All  laws  relating  to  the  authority,  jurisdiction,  practice, 
and  procedure  of  district  and  probate  courts  under  laws  heretofore 
enacted  by  the  Legislative  Assembly  of  the  Territory  of  Arizona  and 
in  force  at  the  time  of  the  admission  of  the  State  into  the  Union,  and 
not  inconsistent  with  this  constitution,  shall,  so  far  as  applicable, 
applj'  to  and  govern  superior  courts  until  altered  or  repealed.  Until 
otherAvise  provided,  superior  courts  shall  have  the  same  appellate 
jurisdiction  in  cases  arising  in  courts  of  justices  of  the  peace  as  dis- 
trict courts  now  have  under  said  laws. 

Sec.  24.  No  change  made  by  the  legislature  in  the  number  of  judges 
shall  work  the  removal  of  any  judge  from  office,  and  no  judge's  salary 
shall  be  reduced  during  the  term  of  office  for  which  he  was  elected. 

Article  VII. 

suffrage  and  elections. 

Sec.  1.  All  elections  by  the  people  shall  be  by  ballot  or  by  such 
other  method  as  may  be  prescribed  by  law:  Provided,  that  secrecy 
in  voting  shall  be  preserved. 

Sec.  2.  No  person  shall  be  entitled  to  vote  at  any  general  election 
or  for  any  office  that  now  is.  or  hereafter  may  be,  elective  by  the  peo- 
ple or  upon  any  question  which  may  be  submitted  to  a  vote  of  the 
people,  except  school  elections  as  provided  in  section  8  of  this  article, 
unless  such  person  be  a  male  citizen  of  the  United  States  of  the  age 
of  twent3^-one  jeavs  or  over  and  shall  have  resided  in  the  State  one 
year  immediately  preceding  such  election. 

No  person  under  guardianship,  non  compos  mentis,  or  insane  shall 
be  qualified  to  vote  at  any  election,  nor  shall  any  person  convicted 
of  treason  or  felony  be  qualified  to  vote  at  any  election  unless  restored 
to  civil  rights. 

Sec.  3.  For  the  purpose  of  voting  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States,  or  while  a  student 
at  any  institution  of  learning,  or  while  kept  at  any  almshouse  or 
other  asylum  at  public  expense,  or  while  confined  in  any  public  jail 
or  prison. 

Sec.  4.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at  any 
election,  and  in  going  thereto  and  returning  therefrom. 

Sec.  5.  No  elector  shall  be  obliged  to  perform  military  duty  on  the- 
day  of  an  election  except  in  time  of  war  or  public  danger. 

Sec.  6.  No  soldier,  seaman,  or  marine  in  the  Army  or  Navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  State  in  consequence 
of  his  being  stationed  at  any  military  or  naval  place  within  this  State. 

S.  Doc.  798,  61-3 2 


18  (•(»NSTlTL'TlO>:    ADOl'TKD    BV    ARIZONA. 

Sec.  7.  In  all  elections  held  by  the  peojile  in  this  State  the  person 
or  pei-sons  recei\  iii<j:  the  hifrhest  nunil)er  of  legal  votes  shall  be 
deelared  elected. 

v^Kc.  s.  Qualifications  for  voters  at  school  elections  shall  be  as  are 
now,  or  as  may  hereafter  be,  provided  l)y  law. 

Skc.  D.  For  the  purpose  of  obtaining-  an  advisory  vote  of  the  people, 
the  legislature  shall  provide  for  placing  the  names  of  candidates  for 
llnited  States  Senator  on  the  oflicial  ballot  at  the  general  election 
next  preceding  the  election  of  a  United  States  Senator. 

Skc.  10.  The  legislature  shall  enact  a  direct  primary  election  law, 
which  shall  provide  for  the  nomination  of  candidates  for  all  elective, 
State,  county,  and  city  ollicos.  including  candidates  for  TTnited  States 
Senator  and  for  Representative  in  Congress. 

Sh:c.  11.  There  shall  be  a  general  election  of  Eepresentatives  in 
Congress  and  of  State,  county,  and  precinct  officers  on  the  first 
Tue.sday  after  the  first  Monday  in  November  of  the  first  even  num- 
l>ered  year  after  the  year  in  which  Arizona  is  admitted  to  statehood, 
and  biennially  thereafter. 

Skc.  12.  There  shall  l)e  enacted  registration  and  other  laws  to  se- 
cure the  purity  of  elections  and  guard  against  abuses  of  the  elective 
franchise. 

Skc.  13.  Questions  upon  bond  issues  or  special  assessments  shall 
be  submitted  to  the  vote  of  property  taxpayers,  who  shall  also,  in 
all  respects,  be  qualified  electors  of  the  State  and  of  the  apolitical 
subdivision  thereof  affected  by  such  question. 

Sec.  14.  No  fee  shall  ever  be  required  in  order  to  have  the  name 
of  any  candidate  placed  on  the  official  ballot  for  any  election  or 
primary. 

Sec.  15.  Every  male  person  elected  or  appointed  to  any  office  of 
trust  or  profit  under  the  authority  of  the  State  or  of  any  political 
division  of  the  State,  or  any  male  deputy  of  such  officer,  shall  be  a 
(pialified  elector  of  the  political  division  in  which  said  person  shall 
be  elected  or  appointed. 

Sec.  16.  The  legislature  at  its  first  session  shall  enact  a  law  provid- 
ing for  general  publicitj^,  before  and  after  election,  of  all  campaign 
contributions  to  and  expenditures  of  campaign  committees  and  can- 
didates for  public  office. 

Article  VIII. 

REMOVAL  FROM   OFFICE. 

1.  Recall  of  public  officers. 

Sec.  1.  Every  public  officer  in  the  State  of  Arizona  holding  an 
elective  office,  either  by  election  or  appointment,  is  subject  to  recall 
from  such  office  by  the  qualified  electors  of  the  electoral  district  from 
which  candidates  arc  elected  to  such  office.  Such  electoral  district 
may  include  the  whole  State.  Such  number  of  said  electors  as  shall 
Qx\\\\\\  twenty-five  per  centum  of  the  number  of  votes  cast  at  the  last 
oreceding  general  election  for  all  of  the  candidates  for  the  office  held 
by  such  officer  may  by  petition,  wdiich  shall  be  known  as  a  recall 
petition,  demand  his  recall. 

Sec.  2.  Every  recall  petition  nuist  contain  a  general  statement  in 
not  more  tlian  two  hundred  words  of  the  grounds  of  such  demand,  and 


CONSTITUTION    ADOPTED    BY   ARIZONA.  19 

must  be  filed  in  the  office  in  which  petitions  for  nominations  to  the  office 
held  by  the  incumbent  are  required  to  be  filed.  The  signatures  to 
such  recall  petition  need  not  all  be  on  one  sheet  of  paper,  but  each 
signer  must  add  to  his  signature  the  date  of  his  signing  said  petition 
and  his  place  of  residence,  giving  his  street  and  number,  if  any, 
should  he  reside  in  a  town  or  city.  One  of  the  signers  of  each  sheet 
of  such  petition,  or  the  person  circulating  such  sheet,  must  make  and 
subscribe  an  oath  on  said  sheet  that  the  signatures  thereon  are 
genuine. 

Sec.  3.  If  said  officer  shall  offer  his  resignation,  it  shall  be  ac- 
cepted, and  the  vacancy  shall  be  filled  as  may  be  provided  by  law.  If 
he  shall  not  resign  within  five  days  after  a  recall  petition  is  filed,  a 
special  election  shall  be  ordered  to  be  held,  not  less  than  twenty  nor 
more  than  thirty  days  after  such  order,  to  determine  whether  such 
officer  shall  be  recalled.  On  tlie  ballots  at  said  election  shall  be 
printed  the  reasons,  as  set  forth  in  the  petition,  for  demanding  his 
recall,  and,  in  not  more  than  two  hundred  words,  the  officer's  ]usti- 
fication  of  his  course  in  office.  He  shall  continue  to  perform  the 
duties  of  his  office  until  the  result  of  said  election  shall  have  been 
officially  declared. 

Sec.  4.  Unless  he  otherwise  request,  in  writing,  his  name  shall  be 
placed  as  a  candidate  on  the  official  ballot  without  nomination.  Other 
candidates  for  the  office  may  be  nominated  to  be  voted  for  at  said 
election.  The  candidate  who  shall  receive  the  highest  number  of 
votes  shall  be  declared  elected  for  the  remainder  of  the  term.  Unless 
the  incumbent  receive  the  highest  number  of  votes,  he  shall  be  deemed 
to  be  removed  from  office,  upon  qualification  of  his  successor.  In  the 
event  that  his  successor  shall  not  qualify  within  five  days  after  the 
result  of  said  election  shall  have  been  declared,  the  said  office  shall 
be  vacant,  and  may  be  filled  as  provided  by  law. 

Sec.  5,  No  recall  petition  shall  be  circulated  against  any  officer 
until  he  shall  have  held  his  office  for  a  period  of  six  months,  except 
that  it  may  be  filed  against  a  member  of  the  legislature  at  any  time 
after  five  days  from  the  beginning  of  the  first  session  after  his  elec- 
tion. After  one  recall  petition  and  election,  no  further  recall  petition 
shall  be  filed  against  the  same  officer  during  the  term  for  which  he 
was  elected,  unless  petitioners  signing  such  petition  shall  first  pay 
into  the  public  treasury  which  has  paid  such  election  expenses,  all 
expenses  of  the  preceding  election. 

Sec.  6.  The  general  election  laws  shall  apply  to  recall  elections  in 
so  far  as  applicable.  Laws  necessary  to  facilitate  the  operation  of  the 
provisions  of  this  article  shall  be  enacted,  including  provision  for 
payment  by  the  public  treasury  of  the  reasonable  special  election 
campaign  expenses  of  such  officer. 

2.  Impeachment. 

Sec.  1.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  The  concurrence  of  a  majority  of  all  the  members 
shall  be  necessary  to  an  impeachment.  All  impeachments  shall  be 
tried  by  the  senate  and,  when  sitting  for  that  purpose,  the  senators 
shall  be  upon  oath  or  affirmation  to  do  justice  according  to  law  and 
evidence,  and  shall  be  presided  over  by  the  chief  justice  of  the  su- 
preme court.    Should  the  chief  justice  be  on  trial,  or  otherwise  dis- 


20  CONSTITUTION    ADOPTED   BY   ARIZONA. 

qualiliecJ,   tlie  senate  shall   elect   a   judge  of  the  supreme  court  to 
preside. 

Sec.  2.  No  person  shall  be  convicted  without  a  concurrence  of  two- 
thirds  of  the  senators  elected.  The  governor  and  other  State  and 
judicial  officers,  except  justices  of  courts  not  of  record,  shall  be  liable 
to  iinpcachnicnt  for  high  crimes,  misdemeanors,  or  malfeasance  in 
office,  but  judgment  in  such  cases  shall  extend  only  to  removal  from 
office  and  disiiualilication  to  hold  any  office  of  honor,  trust,  or  profit 
in  the  Slate.  'J'he  party,  whether  convicted  or  acquitted,  shall, 
nevertheless,  be  liable  to  trial  and  punishment  according  to  law. 

AirncLK  TX. 

ITHMC   DEBT.   KEVEXLK,  AND  TAXATION. 

Sec.  1.  The  power  of  taxation  shall  never  be  surrendered,  sus- 
pended, or  contracted  away.  All  taxes  shall  be  uniform  upon  the 
same  class  of  property  within  the  territorial  limits  of  the  authority 
levying  the  tax.  and  shall  be  levied  and  collected  for  public  purposes 
only. 

Sec.  2.  There  shall  be  exempted  from  taxation  all  Federal,  State, 
county,  and  municipal  property.  Property  of  educational,  char- 
itable, and  religious  associations  or  institutions  not  used  or  held  for 
profit  may  be  exempted  from  taxation  by  law.  Public  debts,  as 
evidenced  by  the  bonds  of  Arizona,  its  covmties,  municipalities,  or 
other  subdivisions,  shall  also  be  exempt  from  taxation.  There  shall 
further  be  exempt  from  taxation  the  property  of  widows,  residents 
of  this  State,  not  exceeding  the  amount  of  one  thousand  dollars, 
where  the  total  assessment  of  such  widow  does  not  exceed  two  thou- 
sand dollars.  All  property  in  the  State  not  exemi)t  under  the  laws 
of  the  United  States  or  under  this  constitution,  or  exempted  by  law 
under  the  provisions  of  this  section,  shall  be  subject  to  taxation  to  be 
ascertained  as  provided  by  law. 

Sec.  3.  The  legislature  shall  provide  by  law  for  an  annual  tax 
sufficient,  with  other  sources  of  revenue,  to  defray  the  necessary 
ordinary  expenses  of  the  State  for  each  fiscal  year.  And  for  the  pur- 
pose of  paying  the  State  debt,  if  there  be  any,  the  legislature  shall 
provide  for  levying  an  annual  tax  sufficient  to  pay  the  annual  interest 
and  the  jjrincipal  of  such  debt  within  twenty-five*  years  from  the  final 
pas.sage  of  the  law  creating  the  debt. 

No  tax  shall  be  levied  except  in  pursuance  of  law,  and  every  law 
inijiosing  a  tax  shall  state  distinctly  the  object  of  the  tax,  to  which 
object  only  it  shall  be  applied. 

All  taxes  levied  and  collected  for  State  purposes  shall  be  paid  into 
the  State  treasury  in  money  only. 

Sec.  4.  'Hie  fi.scal  year  shall  commence  on  the  first  day  of  July  in 
each  year.  \n  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  published  annually,  in  such  manner  as 
shall  be  provided  by  law.  Whenever  the  expenses  of  any  fiscal  year 
shall  exceed  the  income,  the  legislature  may  provide  for  levying  a  tax 
for  the  ensuing  fi.scal  year  sufficient,  with  other  sources  of  income,  to 
pay  the  deficiency,  as  well  as  the  estimated  expenses  of  the  ensuing 
fi.scal  year. 


CONSTITUTION    ADOPTED   BY^   ARIZONA.  21 

Sec.  5.  The  State  may  contract  debts  to  supply  the  casual  deficits 
or  failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided 
for;  but  the  aggregate  amount  of  such  debts,  direct  and  contingent, 
whether  contracted  by  virtue  of  one  or  more  laws,  or  at. different 
periods  of  time,  shall  never  exceed  the  sum  of  three  hundred  and  fifty 
thousand  dollars;  and  the  money  arising  from  the  creation  of  such 
debts  shall  be  applied  to  the  purpose  for  which  it  was  obtained  or  to 
repay  the  debts  so  contracted,  and  to  no  other  purpose. 

In  addition  to  the  above  limited  power  to  conti-act  di'bts  the  Slate 
may  borrow  money  to  repel  invasion,  suppress  insurrection,  or  defend 
the  State  in  time  of  war:  but  the  money  thvis  raised  shall  be  applied 
exclusively  to  the  object  for  which  the  loan  shall  have  been  author- 
ized or  to  the  repayment  of  the  debt  thereby  civated.  Xo  money 
shall  be  j^aid  out  of  the  State  treasury  except  in  the  manner  pro- 
vided by  law.    ' 

Sec.  6.  Incorporated  cities,  towns,  and  villages  may  be  vested  by 
law  with  power  to  make  local  improvements  by  special  assessments, 
or  by  special  taxation  of  propertj^  benefited.  For  all  corporate  pur- 
poses all  municipal  corporations  may  be  vested  with  authority  to 
assess  and  collect  taxes. 

Sec.  7.  Neither  the  State,  nor  any  county,  city.  town,  municipality, 
or  other  subdivision  of  the  State  shall  ever  give  or  loan  its  credit  in 
the  aid  of,  or  make  any  donation  or  grant,  by  subsidy  or  otlierwise, 
to  any  individual,  association,  or  corporation,  or  become  a  subscriber 
to,  or  a  shareholder  in,  any  company  or  corporation,  or  become  a 
joint  owner  with  any  person,  company,  or  corporation,  except  as  to 
such  ownerships  as  may  accrue  to  the  State  by  operation  or  provision 
of  law. 

Sec.  8.  Xo  county,  city.  town,  school  district,  or  other  municipal 
corporation  shall  for  any  purpose  become  indebted  in  any  manner 
to  an  amount  exceeding  four  per  centum  of  the  taxable  property  in 
such  county,  city,  town,  school  district,  or  other  municipal  corpora- 
tion, without  the  assent  of  a  majority  of  the  property  taxpayers,  who 
must  also  in  all  respects  be  qualified  electors,  therein  voting  at  an 
election  provided  by  law  to  be  held  for  that  purpose,  the  value  of 
the  taxable  property  therein  to  be  ascertained  by  the  last  a'^sessment 
for  State  and  county  purposes,  previous  to  incurring  such  indebted- 
ness; except  that  in  incorporated  cities  and  towns  assessments  shall 
be  taken  from  the  last  assessment  for  city  or  town  purposes :  pro- 
vided, that  any  incorporated  city  or  town,  with  such  assent,  may  be 
allowed  to  become  indebted  to  a  larger  amount,  but  not  exceeding- 
five  per  centum  additional,  for  supplying  such  city  or  town  with 
water,  artificial  light,  or  sewers,  when  the  works  for  supplying  such 
water,  light,  or  sewers  are  or  shall  be  owned  and  controlled  by  the 
municipality. 

Sec.  9.  Every  law  which  imposes,  continues,  or  reviews  a  tax  shall 
distinctly  state' the  tax  and  the  objects  for  which  it  shall  be  applied: 
and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax 
or  object. 

Sec.  10.  Xo  tax  shall  be  laid  or  appropriation  of  public  money 
made  in  aid  of  any  church,  or  private  or  sectarian  school,  or  any 
public-service  corporation. 


02  (.•ONSTITL'TION    ADOPTED  BY   ARIZONA. 

Sfc  U  There  shall  he  a  State  board  of  equalization,  which  until 
ullu.rwis<.',,rovi.lecl  hy  hnv.  shall  consist  of  the  cluurmen  of  the  boards 
of  supervisnrs  in  the  various  counties  of  the  State:  and  the  State 
nmiitm-,  who  shall  be  ex  olK<-io  chainuan  thereof:  and  tlDere  shall  also 
tH.  in  each  countv  ..f  the  State  a  county  board  of  equalization  consist- 
in.'  of  the  hoard" of  supervisors  of  said  county.  Ihe  duty  of  the  State 
Umnl  of  equalization  shall  be  to  adjust  and  equalize  the  valuation  of 
the  ival  and  |H'rsonal  propertv  amonjr  the  several  counties  ot  the 
State  The  duty  of  tiie  cduntv  boards  of  equalization  shall  be  to 
adjust  and  ('(niallze  the  valuation  of  real  and  personal  property  within 
their  respectne  counties.  Each  board  shall  also  perform  such  other 
duties  a.sniav  be  jirescribed  by  law. 

Sec  12.  The  law-iuakinjr  power  shall  have  authority  to  provide 
for  the  levy  and  collection  of  license,  franchise,  gross  revenue,  excise, 
ineonie,  collateral  and  direct  inheritance,  legacy,  and  succession 
taxes,  also  L'radiuited  income  taxes,  graduated  collateral  and  direct 
iidieritanre"  taxes,  graduated  legacy  and  succession  taxes,  stamp, 
registration.  i)roduction,  or  other  specific  taxes. 

Article  X. 

STATE  AND  SCHOOL  LANDS. 

Sec.  1.  All  lands  expressly  transferred  and  confirmed  to  the  State 
by  the  provisions  of  the  enabling  act  approved  June  20,  1910,  includ- 
ing all  lands  granted  to  the  State  and  all  lands  heretofore  granted 
to  the  Territory  of  Arizona,  and  all  lands  otherwise  acquired  by  the 
State,  shall  be  by  the  State  accepted  and  held  in  trust  to  be  disposed 
of  in  whgle  or  in  part,  only  in  manner  as  in  the  said  enabling  jict  and 
in  this  constitution  provided,  and  for  the  several  objects  specified  in 
the  resi)ective  granting  and  confirmatory  provisions.  The  natural 
products  and  money  proceeds  of  any  of  said  lands  shall  be  subject  to 
the  same  trusts  as  the  lands  producing  the  same. 

Si:c.  'J.  Disposition  of  any  of  said  lands,  or  of  any  money  or  thing 
of  value  directly  or  indirectly  derived  therefrom,  for  any  object  other 
than  that  for  which  such  particular  lands  (or  the  lands  from  which 
.«ueh  money  or  thing  of  value  shall  have  been  derived)  were  granted 
or  confinned.  or  in  any  manner  contrary  to  the  provisions  of  the  said 
enabling  act.  shall  be  dwmed  a  breach  of  tiiist. 

Skc.  .'5.  No  mortgage  or  other  incumbrance  of  the  said  lands,  or 
any  thereof,  shall  be  valid  in  favor  of  any  person  or  for  any  purpose 
or  under  any  circumstances  whatsoever.  Said  lands  shall  not  hG  sold 
or  leas('<l.  in  whole  or  in  i)art,  except  to  the  highest  and  best  bidder  at 
fi  public  auction  to  be  held  at  the  county  seat  of  the  county  wdierein 
the  lands  to  Im-  iilfcctcd,  or  the  major  portion  thereof,  shall  lie,  notice 
of  which  j)ublic  auction  shall  first  have  been  duly  given  by  advertise- 
ment, which  shall  set  forth  the  nature,  time,  and  place  of  the  trans- 
action to  l>e  had  with  a  full  description  of  the  lands  to  be  offered,  and 
he  published  once  eacli  week  for  not  less  than  ten  successive  Aveeks  in 
a  newspaper  of  general  circulation  published  regularly  at  the  State 
cafiital,  and  in  that  newspaper  of  like  circulation  wdiich  shall  then  be 
rogidarly  published  nearest  to  the  location  of  such  lands  so  offered; 
nor  shall  any  sale  or  contract  for  the  sale  of  any  timber  or  other  nat- 
ural product  of  such  lands  be  made,  save  at  the  place,  in  the  manner, 


CONSTITUTION    ADOPTED  BY   ARIZONA.  23 

and  aft<^r  the  notice  by  publication  thus  provided  for  sales  and  leases 
of  the  lands  themselves:  provided,  that  nothino;  herein  contained 
shall  prevent  the  leasing  of  said  lands  referred  to  in  this  article,  for 
a  term  of  five  years  or  less,  without  said  advertisement  herein  re- 
quired. 

Sec.  4.  All  lands,  leaseholds,  timber,  and  other  products  of  land, 
before  being  offered,  shall  be  appraised  at  their  true  value,  and  no 
sale  or  other  disposal  thereof  shall  be  made  for  a  consideration  less 
than  the  value  so  ascertained,  nor  in  any  case  less  than  the  minimum 
price  hereinafter  fixed,  nor  upon  credit  unless  accompanied  by  ample 
security,  and  the  legal  title  shall  not  be  deemed  to  have  passed  until 
the  consideration  shall  have  been  paid. 

Sec.  5.  No  lands  shall  be  sold  for  less  than  three  dollars  per  acre, 
and  no  lands  which  are  or  shall  be  susceptible  of  irrigation  under 
any  projects  now  or  hereafter  completed  or  adopted  by  the  United 
States  under  legislation  for  the  reclamation  of  lands,  or  under  any 
other  project  for  the  reclamation  of  lands,  shall  be  sold  at  less  than 
twenty-five  dollars  per  acre:  provided,  that  the  State,  at  the  request 
of  the  Secretary  of  the  Interior,  shall  from  time  to  time  relinquish 
such  of  its  lands  to  the  United  States  as  at  any  time  are  needed  for 
irrigation  works  in  connection  with  an}'  such  Government  project, 
and  other  lands  in  lieu  thereof  shall  be  selected  from  lands  of  the 
character  named  and  in  the  manner  prescribed  in  section  twenty-four 
of  the  said  enabling  act. 

Sec.  6.  No  lands  reserved  and  excepted  of  the  lands  granted  to 
this  State  by  the  United  States,  actually  or  prospectively  valuable 
for  the  development  of  water  powers  or  power  for  hydroelectric 
use  or  transmission,  which  shall  be  ascertained  and  designated  by 
the  Secretary  of  the  Interior  within  five  years  after  the  proclama- 
tion of  the  President  declaring  the  admission  of  the  State,  shall  be 
subject  to  any  disposition  whatsoever  by  the  State  or  by  any  officer 
of  the  State,  and  any  conveyance  or  transfer  of  such  lands  made 
within  said  five  years  shall  be  null  and  void. 

Sec.  7.  A  separate  fund  shall  be  established  for  each  of  the  sev- 
eral objects  for  which  the  said  grants  are  made  and  confirmed  by 
the  said  enabling  act  to  the  State,  and  whenever  any  moneys  shall 
be  in  any  manner  derived  from  any  of  said  lands,  the  same  shall  be 
deposited  by  the  state  treasurer  in  the  fund  corresponding  to  the 
grant  under  which  the  particular  land  producing  such  moneys  was, 
by  said  enabling  act.  conveyed  or  confirmed.  No  moneys  shall  ever 
be  taken  from  one  fund  for  deposit  in  any  other,  or  for  any  object 
other  than  that  for  which  the  land  producing  the  same  was  granted 
or  confirmed.  The  State  treasurer  shall  keep  all  such  moneys  in- 
vested in  safe,  interest-bearing  securities,  which  securities  shall  be 
approved  by  the  governor  and  secretary  of  state,  and  shall  at  all  times 
be  under  a  good  and  sufficient  bond  or  bonds  conditioned  for  the 
faithful  performance  of  his  duties  in  regard  thereto. 

Sec.  8.  Every  sale,  lease,  conveyance,  or  contract  of  or  concerning 
any  of  the  lands  granted  or  confirmed,  or  the  use  thereof  or  the 
natural  products  thereof,  made  to  this  State  by  the  said  enabling  act, 
not  made  in  substantial  conformit}^  with  the  provisions  thereof,  shall 
be  null  and  void. 

Sec.  9.  All  lands  expressly  transferred  and  confirmed  to  the  State 
by  the  provisions  of  the  enabling  act  approved  June  20,  1910,  includ- 


24  CONSTITUTION    ADOPTED   BY   ARIZONA. 

iutr  all  lands  .wanted  to  the  State  ami  all  lands  heretofore  granted 
to  the  Territory  of  Arizona  and  all  lands  otherwise  acquired  by  the 
State  may  be  sdd  or  leased  by  the  State  in  the  manner  and  on  the 
conditions  and  \vith  the  limitations  prescril)ed  by  the  said  enabling 
act  and  this  eonstiliition  and  as  may  be  further  prescribed  by  law; 
provided,  that  the  legislature  shall  proyide  for  the  separate  ap- 
)i-aisenient  of  the  lands  and  of  the  improvements  on  school  and  uni- 
versity lands  which  have  been  held  under  lease  prior  to  the  adoption 
of  this  constitution  and  for  reimbursement  to  the  actual  bona  fide  resi- 
dents or  lessees  of  such  lands  upon  which  such  improvements  are 
situated  as  prescribed  by  Title  05,  Civil  Code  of  Arizona.  1901,  and 
in  such  cases  oidy  as  permit  reimbursements  to  lessees  in  said  Title  65. 

Se(\  10.  The  legislature  shall  provide  by  proper  laws  for  the  sale 
of  ail  State  lands  oi-  the  lease  of  such  lands  for  terms  not  longer 
than  five  years,  and  shall  further  provide  by  said  laws  for  the  pro- 
tect i(Ui  of  the  actual  bona  fide  residents  and  lessees  of  said  lands 
whereby  such  residents  and  lessees  shall  be  protected  in  their  rights 
to  their  improvements,  including  water  rights,  in  such  manner  that 
in  case  of  lease  to  other  j)arties  the  former  lessee  shall  be  paid  by 
the  succeeding  lessee  the  value  of  said  improvements  and  rights,  and 
actual  bona  fide  residents  and  lessees  shall  have  preference  to  re- 
newal of  their  leases  at  a  reassessed  rental  fixed  as  provided  by  law. 

Sec.  11.  No  individual,  corporation,  or  association  shall  ever  be 
allowed  to  purchase  or  lease  more  than  one  hundred  and  sixty  acres 
of  agricultural  land,  or  more  than  six  hundred  and  forty  acres  of 
grazing  land. 

Article  XL 

EDUCATION. 

Sec.  1.  The  legislature  shall  enact  such  laws  as  shall  provide  for 
the  establishment  and  maintenance  of  a  general  and  uniform  public- 
school  system,  which  system  shall  include  kindergarten  schools,  com- 
mon schools,  high  schools,  normal  schools,  industrial  schools,  and  a 
university  (which  shall  include  an  agricultural  college,  a  school  of 
mines,  and  such  other  technical  schools  as  may  be  essential,  until 
such  time  as  it  may  be  deemed  advisable  to  establish  separate  State 
institutions  of  such  character).  The  legislature  shall  also  enact  such 
laws  as  shall  provide  for  the  education  and  care  of  the  deaf,  dumb, 
and  blind. 

Skc.  -2.  The  general  conduct  and  supervision  of  the  public  school 
.system  shall  be  vested  in  a  State  board  of  education,  a  State  superin- 
tendent of  public  instruction,  county  school  superintendents,  and  such 
governing  lioards  for  the  State  institutions  as  may  be  ])rovided  by 
law. 

Sep.  3.  The  State  board  of  education  shall  be  composed  of  the 
following  members:  The  governor,  the  superintendent  of  public  in- 
struction, the  president  of  the  university,  and  principals  of  the  State 
normal  schools  as  ex  officio  members,  and  a  city  superintendent  of 
.schools,  a  principal  of  a  liigh  school,  and  a  county  superintendent  of 
schools,  to  l)e  appointed  l)y  the  governor.  The*  powers  and  duties 
of  till'  board  sludl  be  such  as  may  be  prescribed  by  law.     The  mem- 


CONSTITUTION    ADOPTED    BY    ARIZONA.  25 

bers  of  the  board  shall  serve  without  pay,  but  all  their  necessary 
expenses  incurred  in  attending  the  meetings  of  the  board  and  for 
printing  shall  be  provided  for  by  law. 

Sec.  4.  The  State  superintendent  of  public  instruction  shall  be 
a  member  and  secretary  of  the  State  board  of  education,  and  ex 
officio  a  member  of  any  other  board  having  control  of  public  instruc- 
tion in  any  Stafe  institution.  His  powders  and  duties  shall  be  pre- 
scribed by  law. 

Sec.  5.  The  regents  of  the  university  and  the  governing  boards 
of  other  State  educational  institutions  shall  be  appointed  by  the 
governor,  except  that  the  governor  shall  be  ex  officio  a  member  of 
the  board  of  regents  of  the  university. 

Sec.  6.  The  university  and  all  other  State  educational  institu- 
tions shall  be  open  to  students  of  both  sexes,  and  the  instruction 
furnished  shall  be  as  nearly  free  as  possible. 

The  legislature  shall  provide  for  a  system  of  common  schools  by 
which  a  free  school  shall  be  established  and  maintained  in  every 
school  district  for  at  least  six  months  in  each  year,  which  school  shall 
be  open  to  all  pupils  between  the  ages  of  six  and  twenty-one  years. 

Sec.  T.  No  sectarian  instruction  shall  be  imparted  in  any  school 
or  State  educational  institution  that  may  be  established  under  this 
constitution,  and  no  religious  or  political  test  or  qualification  shall 
ever  be  required  as  a  condition  of  admission  into  any  public  educa- 
tional institution  of  the  State  as  teacher,  student,  or  pupil ;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to 
justify  practices  or  conduct  inconsistent  with  the  good  order,  peace, 
morality,  or  safety  of  the  State,  or  with  the  rights  of  others. 

Sec:  8.  A  permanent  State  school  fund  for  the  use  of  the  com- 
mon schools  shall  be  derived  from  the  sale  of  public-school  lands  or 
other  public  lands  specified  in  the  enabling  act  approved  June  20, 
1910;  from  all  estates  or  distributive  shares  of  estates  that  may 
escheat  to  the  State ;  from  all  unclaimed  shares  and  dividends  of  any 
corj^oration  incorporated  under  the  laws  of  Arizona;  and  from  all 
gifts,  devises,  or  bequests  made  to  the  State  for  general  educational 
purposes. 

The  income  derived  from  the  investment  of  the  permanent  State 
school  fund  and  from  the  rental  derived  from  school  lands,  with  such 
other  funds  as  may  be  provided  by  law,  shall  be  apportioned  annu- 
ally to  the  various  counties  of  the  State  in  proportion  to  the  number 
of  pupils  of  school  age  residing  therein. 

Sec.  9.  The  amount  of  this  apportionment  shall  become  a  part  of 
the  county  school  fund,  and  the  legislature  shall  enact  such  laws  as 
will  provide  for  increasing  the  county  fund  sufficiently  to  maintain 
all  the  public  schools  of  the  county  for  a  minimum  term  of  six 
months  in  every  school  year.  The  law^s  of  the  State  shall  enable 
cities  and  towns  to  maintain  free  high  schools,  industrial  schools, 
and  commercial  schools. 

Sec.  10.  The  revenue  for  the  maintenance  of  the  respective  State 
educational  institutions  shall  be  derived  from  the  investment  of  the 
proceeds  of  the  sale  and  from  the  rental  of  such  lands  as  have  been 
set  aside  by  the  enabling  act  approved  June  20,  1910,  or  other  legis- 
lative enactment  of  the  United  States  for  the  use  and  benefit  of  the 
respective  State  educational  institutions.  In  addition  to  such  income 
the  legislature  shall  make  such  appropriations,  to  be  met  by  taxation. 


26  CONSTITL  TlOX    ADOPTED   BY   ARIZONA. 

as  'shall  insuiv  tlio  proptM-  luaiiitenance  of  all  State  educational  insti- 
tutions antl  shall  make  siic-h  special  appropriations  as  shall  provide 
for  their  ih'Vflopment  and  improvement. 

AlMK  I-K    XII. 

COINTIES. 

>Ki .  1.  Kuril  oomity  of  the  State,  now  or  hereafter  organized,  shall 
he  a  hodv  politic  and  corporate. 

Skc.  •/.  'I'he  several  counties  of  the  Territory  of  Arizona  as  fixed 
hv  statute  at  the  lime  of  the  adoption  of  this  constitution  are  hereby 
declared  to  he  the  counties  of  the  State  until  changed  by  law. 

Skc.  '^.  Subject  to  change  by  law.  there  ai'c  hereby  created  in  and 
for  each  organized  county  of  the  State  the  following  officers,  who 
shall  be  elected  by  the  qiialified  electors  thereof:  Sheriff,  recorder, 
treasurer,  school  superintendent,  county  attorney,  assessor,  county 
superiutendent  of  roads,  and  surveyor,  each  of  whom  shall  be  elected 
for  a  term  of  two  years.  excei)t  that  such  officers  elected  at  the  first 
election  for  State  and  county  officers  shall  serve  until  the  first  Mon- 
dav  in  January.  1{>18;  and  three  supervisors,  whose  term  of  office 
shall  l)e  provided  by  law,  except  that  at  the  first  election  for  county 
officers  the  candidate  for  supervisor  receiving  the  highest  number  of 
votes  shall  hold  office  until  the  first  Monday  in  January,  1015,  and 
the  two  candidates  for  supervisor,  respectively,  receiving  the  next 
highest  number  of  votes  shall  hold  office  until  the  first  Monday  in 
January.  ir>13. 

.Sk(  .  4.  The  duties,  powers,  and  qualifications  of  such  officers  shall 
be  as  prescribed  by  law.  The  board  of  supervisors  of  each  countj^  is 
hereby  emjiowered  to  fix  salaries  for  all  count}'  and  precinct  officers 
withiu  sucii  comity  for  M'hom  no  com]:)ensation  is  provided  by  laAv, 
and  the  salaries  so  fixed  shall  remain  in  full  force  and  effect  until 
changed  by  general  law. 

Article  XIII. 

MUNICIPAL   CORPORATIONS. 

Sec.  1.  Municipal  corporations  shall  not  be  created  by  special  laws, 
but  the  legislatuie.  by  general  laws,  shall  provide  for  the  incorpora- 
tion and  organization  of  cities  and  towns  and  for  the  classification  of 
such  cities  and  towns  in  proportion  to  population,  subject  to  the 
provisions  of  this  article. 

Sec.  2.  Any  city  containing,  now  or  hereafter,  a  population  of 
more  than  three  thousand  five  hundred  may  frame  a  charter  for  its 
own  government  consistent  with  and  subject  to  the  constitution  and 
the  laws  of  the  State  in  the  following  manner:  A  board  of  freehold- 
ers composed  of  fourteen  (|ualificd  electors  of  said  city  may  be  elected 
at  large  by  the  (|ualified  electors  thereof  at  a  general  or  special  elec- 
tion, whose  duty  it  shall  be  within  ninety  days  after  such  election  to 
prepare  and  i)ropose  a  charter  for  such  city.*^  Such  proposed  charter 
shall  be  signed  in  duplicate  by  the  members  of  such  board,  or  a 
majority  of  them,  and  filed,  one  copy  of  said  proposed  charter  with 


CONSTITUTION   ADOPTED  BY  ARIZONA.  27 

the  cliiel"  executive  ofllcer  of  such  city  and  the  other  witli  the  county 
recorder  of  the  county  in  which  said  city  shall  be  situated.  Such 
proposed  charter  shall  then  be  published  in  one  or  more  newspapers 
published  and  of  general  circulation  within  said  city  for  at  least 
twenty-one  days  if  in  a  daily  paper,  or  in  three  consecutive  issues 
if  in  a  weekly  paper,  and  the  first  publication  shall  be  made  within 
twenty  days  after  the  completion  of  the  proposed  charter.  Within 
thirty  days,  and  not  earlier  than  twenty  days,  after  such*publication 
said  proposed  charter  shall  be  submitted  to  the  vote  of  the  qualified 
electors  of  said  city  at  a  general  or  special  election.  If  a  majority  of 
such  qualified  electors  voting  thereon  shall  ratify  such  proposed 
charter,  it  shall  thereupon  be  submitted  to  the  governer  for  his  ap- 
proval, and  the  governor  shall  approve  it  if  it  shall  not  be  in  con- 
flict with  this  constitution  or  with  the  laws  of  the  State.  Upon  such 
approval  said  charter  shall  become  the  organic  law  of  such  city  and 
supersede  an}^  charter  then  existing  (and  all  amendments  thereto), 
and  all  ordinances  inconsistent  with  said  new  charter.  A  copy  of 
such  charter,  certified  by  the  chief  executive  officer,  and  authenticated 
by  the  seal  of  such  city,  together  with  a  statement  similarly  certified 
and  authenticated  setting  forth  the  submission  of  such  charter  to 
the  electors  and  its  ratification  by  them,  shall,  after  the  approval  of 
such  charter  by  the  governor,  be  made  in  duplicate  and  filed,  one 
copy  in  the  office  of  the  Secretary  of  State  and  the  other  in  the 
archives  of  the  city  after  being  recorded  in  the  office  of  said  county 
recorder.  Thereafter  all  courts  shall  take  judicial  notice  of  said 
charter. 

The  charter  so  ratified  may  be  amended  by  amendments  proposed 
and  submitted  by  the  legislative  authority  of  the  city  to  the  qualified 
electors  thereof  (or  by  petition  as  hereinafter  provided),  at  a  general 
or  special  election,  and  ratified  by  a  majority  of  the  qualified  electors 
voting  thereon,  and  approved  by  the  governor,  as  herein  jn-ovided  for 
the  approval  of  the  charter. 

Sec.  3.  An  election  of  such  board  of  freeholders  may  be  called  at 
any  time  by  the  legislative  authority  of  any  such  city.  Such  election 
shall  l>e  called  by  the  chief  executive  officer  of  any  such  city  within 
ten  days  after  there  shall  have  been  filed  with  him  a  petition  demand- 
ing such  election,  signed  by  a  number  of  qualified  electors  residing 
Avithin  such  city  equal  to  twenty-five  per  centum  of  the  total  number 
of  votes  cast  at  the  next  preceding  general  municipal  election.  Such 
election  shall  be  held  not  later  than  thirty  days  after  the  call  there- 
for. At  such  election  a  vote  shall  be  taken  upon  the  question  whether 
further  proceedings  toward  adopting  a  charter  shall  be  had  in  pur- 
suance to  the  call,  and  unless  a  majority  of  the  qualified  electors  vot- 
ing thereon  shall  vote  to  proceed  further,  no  further  proceedings  shall 
be  had,  and  all  proceedings  up  to  the  time  of  said  election  shall  be 
of  no  effect. 

Sec.  4.  No  municipal  corporation  shall  ever  grant,  extend,  or  renew 
a  franchise  without  the  approval  of  a  majority  of  the  qualified 
electors  residing  within  its  corporate  limits  who  shall  vote  thereon 
at  a  general  or  special  election,  and  the  legislative  body  of  any  such 
corporation  shall  submit  any  such  matter  for  approval  or  disapproval 
to  such  electors  at  any  general  municipal  election,  or  call  a  special 
election  for  such  purpose  at  any  time  upon  thirty  days'  notice.     No 


28  CONSTITUTION   ADOPTED  BY  ARIZONA. 

franchise  shall  hv  j^ianted.  extended,  or  renewed  for  a  longer  time 
than  twenty-five  yeurs. 

8ec.  5.  Kvery  municipal  corporation  \vithin  this  State  shall  have 
the  right  to  engajjje  in  any  business  or  enterprise  which  may  be  en- 
pa«;ed  in  by  a  person,  firm,  or  corporation  by  virtue  of  a  franchise 
from  said  municipal  corporation. 

Skc.  ♦>.  No  <;rant,  extension,  or  renewal  of  any  franchise  or  other 
use  of  the  streets,  alleys,  or  other  public  <rrounds,  or  ways,  of  any 
municipality  shall  di\est  the  State  or  any  of  its  subdivisions  of  its  or 
their  control  and  re<;ulation  of  such  use  and  enjoyment;  nor  shall  the 
power  to  re«j;ulate  char<j:es  for  public  services  be  surrendered;  and  no 
exclusive  franchise  shall  ever  be  granted. 

Article  XIV, 

conronATioNS  other  than  :mt  ntcipal. 

Skc.  1.  The  term  "'corporation,''  as  used  in  this  article,  shall  ])e 
construed  to  include  all  associations  and  joint-stock  companies  having 
any  powers  or  privileges  of  corporations  not  possessed  by  individuals 
or  copartnerships,  and  all  corporations  shall  have  the  right  to  sue 
and  shall  be  subject  to  be  sued  in  all  courts  in  like  cases  as  natural 
persons. 

Sec.  2.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  special  acts.  Laws  relating  to  corporations  may  be 
altered,  amended,  or  repealed  at  any  time,  and  all  corporations  doing 
business  in  this  State  may,  as  to  such  business,  be  regulated,  limited, 
and  restrained  by  law. 

Sec.  '■'>.  All  existing  charters  under  which  a  bona  fide  organization 
shall  not  have  taken  place  and  business  commenced  in  good  faith 
within  six  months  from  the  time  of  the  approval  of  this  constitution 
shall  thereafter  have  no  validity. 

Sec.  4.  No  corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter  or  by  the  law  under  which  it  may 
have  been  or  may  hereafter  be  organized. 

Sec.  r>.  No  corporation  organized  outside  of  the  limits  of  this 
State  shall  l)e  allowed  to  transact  business  within  this  State  on  more 
favorable  conditions  than  are  prescribed  by  law  for  similar  corpora- 
tions organized  under  the  laws  of  this  State:  and  no  foreign  cor- 
poration shall  l)e  permitted  to  transact  business  within  this  State 
unless  said  foreign  corporation  is  by  the  laws  of  the  country.  State, 
or  Territory  under  which  it  is  formed  permitted  to  transact  a  like 
business  in  such  rountry,  Stat<',  or  Territory. 

Sec.  (i.  No  corjjoi-ation  shall  issue  stock,  except  to  bona  fide  sub- 
scriber therefor  (»r  theii-  assignees;  nor  shall  any  corporation  issue 
any  bond,  oi-  other  obligation,  for  the  payment  of  monej',  except  for 
money  or  property  received  or  for  labor  done.  The  stock  of  corpora- 
tions shall  not  be  increased,  excej)t  in  jmrsuance  of  a  general  law,  nor 
shall  any  law  authorize  the  increase  of  stock  of  any  corporation  with- 
out the  consent  of  the  person  or  persons  holding  the  larger  amount 
m  value  of  the  stock  of  such  corporation,  nor  without  due  notice  of 
the  proposed  increase  having  been  given  as  may  be  prescribed  by  law. 
All  fictitious  increase  of  stock  oi-  indebtedness  shall  be  void. 


CONSTITUTION   ADOPTED  BY  ARIZONA.  29 

Sec.  7.  No  corporation  shall  lease  or  alienate  any  franchise  so  as  to 
relieve  the  franchise,  or  property  held  thereunder,  from  the  liabilities 
of  the  lessor,  or  grantor,  lessee,  or  grantee,  contracted  or  incurred  iti 
the  operation,  use,  or  enjoyment  of  such  franchise  or  of  any  of  its 
privileges. 

Sec.  8.  No  domestic  or  foreign  corporation  shall  do  any  business 
in  this  State  Avithout  having  filed  its  articles  of  incorporation  or  a 
certified  copy  thereof  with  the  corporation  commission,  and  without 
having  one  or  more  known  places  of  business  and  an  authorized 
agent  or  agents,  in  the  State  upon  whom  process  may  be  served.  Suit 
may  be  maintained  against  a  foreign  corporation  in  the  cotmty  where 
an  agent  of  such  corporation  may  be  found,  or  in  the  county  Avhere 
the  cause  of  action  may  arise. 

Sec.  9.  The  right  of  exercising  eminent  domain  shall  never  be 
so  abridged  or  construed  as  to  prevent  the  State  from  taking  the 
property  and  the  franchises  of  incorporated  companies  and  subject- 
ing them  to  public  use  the  same  as  the  property  of  individuals. 

Sec.  10.  In  all  elections  for  directors  or  managers  of  any  corpora- 
tion each  shareholder  shall  have  the  right  to  cast  as  many  votes  in 
the  aggregate  as  he  shall  be  entitled  to  vote  in  said  company  under 
its  charter  multiiDlied  by  the  number  of  directors  or  managers  to  be 
elected  at  such  election ;  and  each  shareholder  may  cast  the  whole 
number  of  votes,  either  in  person  or  by  proxy,  for  one  candidate,  or 
distribute  such  votes  among  two  or  more  such  candidates;  and  such 
directors  or  managers  shall  not  be  elected  otherwise. 

Sec.  11.  The  shareholders  or  stockholders  of  every  banking  or 
insurance  corporation  or  association  shall  be  held  individually  re- 
sponsible, equally  and  ratably,  and  not  one  for  another,  for  all  con- 
tracts, debts,  and  engagements  of  such  corporation  or  association,  to 
the  extent  of  the  amount  of  their  stock  therein,  at  the  par  value  thereof, 
in  addition  to  the  amount  invested  in  such  shares  or  stock. 

Sec.  12.  Any  president,  director,  manager,  cashier,  or  other  of- 
ficer of  any  banking  institution  who  shall  receive,  or  assent  to,  the 
reception  of  any  deposits  after  he  shall  have  knowledge  of  the  fact 
that  such  banking  institution  is  insolvent  or  in  failing  circumstances 
shall  be  individually  responsible  for  such  deposits. 

Sec.  13.  No  persons  acting  as  a  corporation  under  the  laws  of  Ari- 
zona shall  be  permitted  to  set  up,  or  rely  upon,  the  want  of  a  legal 
organization  as  a  defense  to  any  action  which  may  be  brought  against 
them  as  a  corporation,  nor  shall  any  person  or  persons  who  may  be 
sued  on  a  contract  now  or  hereafter  made  with  such  corporation,  or 
sued  for  any  injury  now  or  hereafter  done  to  its  property,  or  for  a 
wrong  done  to  its  interests,  be  permitted  to  rely  upon  such  want  of 
legal  organization  in  his  or  their  defense. 

Sec.  14.  This  article  shall  not  be  construed  to  deny  the  right  of  the 
legislative  power  to  impose  other  conditions  upon  corporations  than 
those  herein  contained. 

Sec.  15.  Monopolies  and  trusts  shall  never  be  allowed  in  this  State, 
and  no  incorporated  company,  copartnership,  or  association  of  per- 
sons in  this  State  shall,  directly  or  indirectly,  combine  or  make  any 
contract  with  any  incorporated  company,  foreign  or  domestic, 
through  their  stockholders  or  the  trustees  or  assigns  of  such  stock- 
holders or  with  any  copartnership  or  association  of  persons,  or  in* 


30  rONSTITrTKiN    ADol'TKb    HV    AHIZuNA. 

any  niaiiner  whatcMT  lo  lix  the  )jiici's.  limit  the  jiroduction.  or  regu- 
late the  transportation  of  any  nrotliict  or  ronunotlity.  The  legisla- 
ture shall  enact  laws  for  the  enforcement  of  this  section  by  adequate 
penalties,  and  in  the  case  of  incorporated  com|)anies,  if  necessary  for 
that  purpose,  may,  as  a  |)ciialty.  declnn'  a  forf(>itiire  of  their  fran- 
chises. 

Skc.  1»'..  The  records,  hooks,  and  (iles  of  all  iMiblic-service  corpora- 
tions. State  hanks,  building  and  loan  associations,  trust,  insurance, 
and  guaranty  comp:un(>s  shall  be  at  all  times  liable  and  subject  to  the 
fidl  visitorial  and  inquisitorial  powers  of  the  State,  notwithstanding 
the  immunities  and  privileges  secured  in  the  declaration  of  rights  of 
this  constitution  to  person.s,  inhabitants,  and  citizens  of  this  State. 

Skc.  17.  Provision  shall  be  made  by  law  for  the  payment  of  a  fee 
to  the  State  by  every  domestic  corporation  upon  the  grant,  amend- 
ment, or  extension  of  its  charter,  and  by  every  foreign  corporation 
upon  its  obtaining  a  license  to  do  business  in  this  State;  and  also  for 
the  |)ayment  by  every  domestic  corporation  and  foreign  corporation 
doing  business  in  this  State  of  an  annual  registration  fee  of  not  less 
than  ten  dollars,  which  fee  shall  be  j^aid  irresjiective  of  any  specific 
license  or  other  tax  im])osed  by  law  upon  such  company  for  the  privi- 
lege of  carrying  on  its  business  in  this  State  or  upon  its  franchise  or 
property ;  and  for  the  making  by  every  such  corporation  at  the  time  of 
paying  such  fee  of  such  report  to  the  corporation  commission  of  the 
status,  business,  or  condition  of  such  corporation  as  may  be  pre- 
scribed by  law.  No  foreign  corporation  shall  have  authority  to  do 
business  in  this  State  until  it  shall  have  obtained  from  the  corpora- 
tion conunission  a  license  to  do  business  in  the  State  upon  such  terms 
as  may  be  prescribed  by  law\  The  legislature  ma}^  relieve  any  purely 
charitable,  social,  fraternal,  benevolent,  or  religious  institution  from 
the  payment  of  such  annual  registration  fee. 

Sec.  18.  It  shall  be  unlawful  for  any  corporation  organized  or 
doing  business  in  this  State  to  make  any  contribution  of  money  or 
anything  of  value  for  the  purpose  of  influencing  any  election  or 
official  action. 

Sec.  19.  Suitable  penalties  shall  be  prescribed  by  law  for  the  viola- 
tion of  any  of  the  provisions  of  this  article. 

Article  XV. 

THE  CORPOILVTION  COMMISSION. 

Sec.  1.  A  corporation  commission  is  hereby  created  to  be  composed 
of  three  persons,  who  shall  be  elected  at  the  general  election  to  be  held 
under  the  provisions  of  the  enabling  act  approved  June  20,  1010,  and 
whose  term  of  offic(>  shall  be  coterminous  with  that  of  the  governor  of 
the  State  elected  at  the  same  time,  and  who  shall  maintain  their  chief 
office  and  reside  at  the  State  capital.  At  the  first  general  State  elec- 
tion held  under  this  constitution  at  which  a  governor  is  voted  for 
three  commissioners  shall  be  elected  who  shall,  from  and  after  the 
first  Monday  in  January  next  succeeding  said  election,  hold  office  as 
follows : 

The  one  receiving  the  highest  number  of  votes  shall  serve  six  years 
and  the  one  receiving  the  second  highest  number  of  votes  shall  serve 


CONSTITUTION    ADOPTED   BV  ARIZONA.  31 

four  years,  and  the  one  receiviiif?  the  third  highest  number  of  votes 
shall  serve  two  years.  And  one  commissioner  shall  be  elected  every 
two  years  thereafter.  In  case  of  vacancy  in  said  office  the  go\ernor 
shall  appoint  a  commissioner  to  fill  sucli  vacancy.  Such  appointed 
commissioner  shall  fill  such  vacancy  until  a  commissioner  shall  be 
elected  at  a  general  election  as  provided  by  law  and  shall  qualify. 
The  qualifications  of  commissioners  may  be  prescribed  by  law. 

Sec.  2.  x\.ll  corporations  other  than  municipal  engaged  in  carry- 
ing persons  or  j)roperty  for  hire;  or  in  furnishing  gas,  oil,  or  elec- 
tricity for  light,  fuel,  or  power;  or  in  furnishing  water  for  irriga- 
tion, fire  protection,  or  other  public  purposes;  or  in  furnishing,  for 
profit,  hot  or  cold  air  or  steam  for  heating  or  cooling  purposes;  or 
in  transmitting  messages  or  furnishing  public  telegraph  or  telephone 
service,  and  all  corporations  other  than  municipal,  operating  as  com- 
mon carriers,  shall  be  deemed  public-service  corporations. 

Sec.  3.  The  corporation  commission  shall  have  full  power  to.  and 
shall,  prescribe  just  and  reasonable  classifications  to  be  used,  and 
just  and  reasonable  rates  and  charges  to  be  made  and  collected,  by 
public-service  corporations  within  the  State  for  service  rendered 
therein,  and  make  reasonable  rules,  regulations,  and  orders  b}'  which 
such  corporations  shall  be  governed  in  the  transaction  of  business 
within  the  State,  and  may  prescribe  the  forms  of  contracts  and  the 
systems  of  keeping  accounts  to  be  used  by  such  corporations  in  trans- 
acting such  business,  and  make  and  enforce  reasonable  rules,  regula- 
tions, and  orders  for  the  convenience,  comfort,  and  safety,  and  the 
preservation  of  the  health,  of  the  employees  and  patrons  of  such  cor- 
porations; provided,  that  incorporated  cities  and  towns  may  be 
authorized  by  law  to  exercise  supervision  over  public-service  corpora- 
tions doing  business  therein,  including  the  regulation  of  rates  and 
charges  to  be  made  and  collected  by  such  corporations;  provided  fur- 
ther, that  classifications,  rates,  charges,  rules,  regulations,  orders, 
and  forms  or  sj'stems  prescribed  or  made  by  said  corporation  com- 
mission may,  from  time  to  time,  be  amended  or  repealed  by  such 
commission. 

Sec.  4.  The  corporation  commission,  and  the  several  members 
thereof,  shall  have  power  to  inspect  and  investigate  the  property, 
books,  papers,  business,  methods,  and  affairs  of  any  corporation  who^e 
stock  shall  be  offered  for  sale  to  the  public,  and  of  any  public-service 
corporation  doing  business  within  the  State,  and  for  the  purpose  of 
the  commission,  and  of  the  several  members  thereof,  shall  have  the 
power  of  a  court  of  general  jurisdiction  to  enforce  the  attendance  of 
witnesses  and  the  production  of  evidence  by  subpoena,  attachment, 
and  punishment,  which  said  power  shall  extend  throughout  the  State. 
Said  commission  shall  have  power  to  take  testimony  under  commis- 
sion or  deposition  either  within  or  without  the  State. 

Sec.  5.  The  corporation  commission  shall  have  the  sole  poAver  to 
issue  certificates  of  incorporation  to  companies  organizing  under  the 
laws  of  this  State,  and  to  issue  licenses  to  foreign  corporations  to  do 
business  in  this  State,  as  may  be  prescribed  by  law. 

Sec.  6.  The  law  making  power  may  enlarge  the  powers  and  extend 
the  duties  of  the  corporation  commission,  and  may  prescribe  rules 
and  regulations  to  govern  proceedings  instituted  by  and  before  it; 
but,  until  such  rules  and  regulations  are  provided  by  law,  the  com- 
mission may  make  rules  and  regulations  to  govern  such  proceedings. 


82  fONSTlTLTluX    ADOPTKD   BY    ARIZONA. 

Skc.  7.  Kvorv  piiblic-s^rvice  c()riJoratioii  orpinizod  or  authorized 
umler  the  hnvs  of  the  State  to  do  any  transportation  or  transmission 
business  within  tlie  State  shall  hav.-  the  rijjrht  to  construct  and  operate 
lines  connect in<r  any  points  within  the  State  and  to  connect  at  the 
State  boundaries  with  like  lines;  and  every  such  corporation  shall 
liave  the  ri-^ht  with  any  of  its  lines  to  cross,  intersect,  or  connect  with 
any  lines  of  any  other  public-service  corporation. 

Sec.  8.  Every  pul)lic-s('rvice  corporation  doing  a  transportation 
busine.s.s  within"  the  State  -hall  receive  and  transport,  without  delay 
or  discrimination,  cars  loaded  or  empty,  property,  or  passengers  de- 
livered to  it  by  any  other  public-service  corporaticm  doing  a  similar 
business,  and  deliver  cars,  loaded  or  empty,  without  delay  or  dis- 
crimination, to  other  transportation  corporations  under  such  regu- 
lations as  shall  bi-  prescribed  by  the  corporation  commission  or  by 
law. 

Sec.  9.  Every  public-service  corporation  engaged  in  the  business 
of  transmitting  messages  for  profit  shall  receive  and  transmit,  with- 
out delay  or  discrimination,  any  messages  delivered  to  it  by  any 
other  jjublic-service  corporation  engaged  in  the  business  of  trans- 
mitting messages  for  prolit.  and  shall,  with  its  lines,  make  physical 
connection  with  the  lines  of  any  public-service  corporation  engaged' 
in  the  business  of  transmitting  messages  for  profit  under  such  rules 
and  regulations  as  shall  be  prescriljcd  by  the  corporation  conunission 
or  by  law :  Provided,  That  such  public-service  corporations  shall  de- 
liver messages  to  other  such  corporations,  w'ithout  dela}^  or  discrimi- 
nation, under  such  rules  and  regulations  as  shall  be  prescribed  by  the 
corjjoration  commission  or  by  law. 

Sec.  10.  EailwaA's  heretofore  constructed  or  that  ma}'  hereafter 
be  constructed  in  this  State  are  hereby  declared  public  highways, 
and  all  railroad,  car.  express,  electric,  transmission,  telegraph,  tele- 
phone or  pipe-line  corporations  for  the  transportation  of  persons, 
or  of  electricity,  messages,  water,  oil.  or  other  property  for  profit 
are  declared  to  be  common  carriers  and  subject  to  control  by  laAv. 

Sec.  11.  The  rolling  stock  and  all  other  movable  property  be- 
longing to  any  public-service  corporation  in  this  State  shall  be  con- 
sidered joersonal  property,  and  its  real  and  personal  property  and 
every  part  thereof  shall  i)e  liable  to  attachment,  execution,  and  sale 
in  the  same  numner  as  the  property  of  individuals;  and  the  law- 
making f)ower  shall  enact  no  laws  e.xempting  any  such  property  from 
attachment,  execution,  or  sale. 

Skc.  12.  All  chai'ges  made  for  service  rendered,  or  to  he  rendered, 
by  public-service  corporations  within  this  State  shall  be  just  and 
reasonable,  and  no  discrimination  in  charges,  service,  or  facilities 
shall  be  nuide  between  persons  or  places  for  rendering  a  like  and 
contem|)oraneous  service,  except  that  the  granting  of  free  or  reduced- 
rate  transportation  may  be  authorized  by  law,  or  by  the  corporation 
commission,  to  the  classes  of  |)ersons  described  in"  the  act  of  Con- 
gress approved  February  11.  1KS7.  entitled  ''An  act  to  regulate  com- 
merce,' and  the  amendments  thereto,  as  those  to  whom  free  or  re- 
duced-rate 1  lanspoi'tation  may  be  grant<Ml. 

SKf,  i;{.  .Ml  public-service  corj)orations  and  corporations  whose 
stock  shall  1h>  offere<l  for  sale  to  the  public  shall  make  such  reports  to 
the  corporation  commission,  under  oath,  and  provide  such  infonna- 


CONSTITUTION    ADOPTED   BY  ARIZONA.  33 

tion  concerning  their  acts  and  operations  as  may  be  required  by  law 
or  by  the  corporation  commission. 

Sec.  14.  The  corporation  commission  shall,  to  aid  it  in  the  proper 
discharge  of  its  duties,  ascertain  the  fair  value  of  the  property  within 
the  State  of  every  public-service  corporation  doing  business  therein; 
and  every  public-service  corporation  doing  business  within  the  State 
shall  furnish  to  the  commission  all  evidence  in  its  possession,  and  all 
assistance  in  its  power,  requested  by  the  commission  in  aid  of  the 
determination  of  the  value  of  the  property  within  the  State  of  such 
public-service  corporation. 

Sec.  15.  No  public-service  corporation  in  existence  at  the  time 
of  the  admission  of  this  State  into  the  Union  shall  have  the  benefit 
of  any  future  legislation  except  on  condition  of  complete  acceptance 
of  all  provisions  of  this  constitution  applicable  to  public-service  cor- 
porations. 

Sec.  16.  If  any  public-service  corporation  shall  violate  any  of 
the  rules,  regulations,  orders,  or  decisions  of  the  corporation  com- 
mission, such  corporation  shall  forfeit  and  pay  to  the  State  not  less 
than  one  hundred  dollars  nor  more  than  five  thousand  dollars  for 
each  such  violation,  to  be  recovered  before  any  court  of  competent 
jurisdiction. 

Sec.  17.  Nothing  herein  shall  be  construed  as  denying  to  public- 
service  corporations  the  right  of  appeal  to  the  courts  of  the  State 
from  the  rules,  regulations,  orders,  or  decrees  fixed  b}'  the  corpora- 
tion commission,  but  the  rules,  regulations,  orders,  or  decrees  so  fixed 
shall  remain  in  force  pending  the  decision  of  the  courts. 

Sec.  18.  Until  otherwise  provided  by  law,  each  commissioner  shall 
receive  a  salary  of  three  thousand  dollars  a  j^ear,  together  with  his 
actual  necessary  expenses  when  away  from  home  in  the  discharge  of 
the  duties  of  his  office. 

Sec.  19.  The  corporation  commission  shall  have  the  power  and 
authority  to  enforce  its  rules,  regulations,  and  orders  by  the  impo- 
sition of  such  fines  as  it  may  deem  just  within  the  limitations  pre- 
scribed in  section  16  of  this  article. 

Article  XVI. 

MILITIA. 

Sec.  1.  The  militia  of  the  State  of  Arizona  shall  consist  of  all 
able-bodied  male  citizens  of  the  State  between  the  ages  of  eighteen 
and  forty-five  years,  and  of  those  between  said  ages  who  shall  have 
declared  their  intention  to  become  citizens  of  the  United  States,  re- 
siding therein,  subject  to  such  exemptions  as  now  exist,  or  as  may 
hereafter  be  created,  by  the  laws  of  the  United  States  or  of  this 
State. 

Sec.  2.  The  organized  militia  shall  be  designated  "The  National 
Guard  of  Arizona,"  and  shall  consist  of  such  organized  military 
bodies  as  now  exist  under  the  laws  of  the  Territory  of  Arizona  or  as 
may  hereafter  be  authorized  by  law. 

Sec.  3.  The  organization,  equipment,  and  discipline  of  the  national 
guard  shall  conform  as  nearly  as  shall  be  practicable  to  the  regula- 
tions for  the  government  of  the  armies  of  the  United  States. 

S.  Doc.  798,  61-3 3 


34  CONSTITUTION    ADOPTED   BY   ARIZONA. 

Article  XVII. 

WATER   RIGHTS. 

Sec.  1.  The  common  law  doctrine  of  riparian  water  rights  shall 
not  obtain  or  be  of  any  force  or  eil'ect  in  the  State. 

Sec.  2.  All  existing  rights  to  the  use  of  any  of  the  waters  in  the 
State  for  all  useful  or  beneficial  purj^oses  are  hereby  recognized  and 
confirmed. 

Article  XVIII. 

LABOR. 

Sec  1.  Eight  hours,  and  no  more,  shall  constitute  a  lawful  day's 
work  in  all  employment  by  or  on  behalf  of  the  State  or  any  political 
subdivision  of  the  State.  The  legislature  shall  enact  such  laws  as 
may  be  necessary  to  put  this  provision  into  effect  and  shall  prescribe 
proper  penalties  for  an}^  violations  of  said  laws. 

Sec  2.  Xo  child  under  the  age  of  fourteen  years  shall  be  employed 
in  any  gainful  occupation  at  any  time  during  the  hours  in  which  the 
public  schools  of  the  district  in  which  the  child  resides  are  in  session ; 
nor  shall  any  child  under  sixteen  3'ears  of  age  be  employed  under- 
ground in  mines,  or  in  any  occupation  injurious  to  health  or  morals 
or  hazardous  to  life  or  limb,  nor  in  any  occupation  at  night  or  for 
more  than  eight  hours  in  an}^  day. 

Sec  3.  It  shall  be  unlawful  for  any  person,  C(mlpan3^  association, 
or  corporation  to  require  of  its  servants  or  employees  as  a  condition 
of  their  employment,  or  otherwise,  any  contract  or  agreement 
whereb}'^  such  person,  company,  association,  or  corporation  shall  be 
released  or  discharged  from  liability  or  responsibility  on  account  of 
personal  injuries  which  may  be  received  b}^  such  servants  or  em- 
ployees while  in  the  service  or  employinent  of  such  person,  company, 
association,  or  corporation  by  reason  of  the  negligence  of  such  per- 
son, company,  association,  corporation,  or  the  agents  or  emplo3^ees 
thereof:  and  any  such  contract  or  agreement,  if  made,  shall  be  mdl 
and  void. 

Sec  4.  The  common-law  doctrine  of  fellow  servant,  so  far  as  it 
affects  the  liability  of  a  master  for  injuries  to  his  servant  resulting 
from  the  acts  or  omissions  of  any  other  servant  or  servants  of  the 
common  master,  is  forever  abrogated. 

Sec  .5.  The  defense  of  contributory  negligence  or  of  assumption 
of  risk  shall,  in  all  cases  whatsoever,  he  a  question  of  fact  and  shall, 
at  all  times,  be  left  to  the  juiy. 

Sec.  C).  The  right  of  action  to  recover  damages  for  injuries  shall 
never  be  abrogated,  and  the  amount  recovered  shall  not  be  subject  to 
any  statutory  limitation. 

Sec  7.  To  protect  the  safety  of  employees  in  all  hazardous  occu- 
pations, in  mining,  smelting,  manufacturing,  railroad  or  street  rail- 
way transportation,  or  any  other  industry  the  legislature  shall  enact 
an  employer's  liability  law.  by  the  terms  of  which  any  employer, 
whether  individual,  association,  or  corporation,  shall  be  liable  for  the 
death  or  injury,  caused  by  any  accident  due  to  a  condition  or  condi- 


CONSTITUTION   ADOPTED  BY  ARIZONA.  35 

tions  of  such  occupation,  of  any  employee  in  tlie  service  of  such  em- 
ployer in  such  hazardous  occupation,  in  all  cases  in  which  such  death 
or  injury  of  such  employee  shall  not  have  been  caused  by  the  negli- 
gence of  the  employee  killed  or  injured. 

Sec.  8.  The  legislature  shall  enact  a  workmen's  compulsory  com- 
pensation law  applicable  to  workmen  engaged  in  manual  or  mechan- 
ical labor  in  such  employments  as  the  legislature  may  determine  to 
be  especially  dangerous,  by  which  compulsory  compensation  shall  be 
required  to  be  paid  to  any  such  workman  by  his  employer,  if  in  the 
course  of  such  employment  personal  injury  to  any  such  workman 
from  any  accident  arising  out  of,  and  in  the  course  of,  such  employ- 
ment is  caused  in  whole,  or  in  part,  or  is  contributed  to,  by  a  neces- 
sary risk  or  danger  of  such  employment,  or  a  necessary  risk  or  danger 
inherent  in  the  nature  thereof,  or  by  failure  of  such  employer,  or 
any  of  his  or  its  officers,  agents,  or  employee,  or  employees,  to  exercise 
due  care,  or  to  comply  with  any  law  affecting  such  employment; 
provided,  that  it  shall  be  optional  with  said  employee  to  settle  for 
such  compensation,  or  retain  the  right  to  sue  said  employer  as  pro- 
vided by  this  constitution. 

Sec.  9.  The  exchange,  solicitation,  or  giving  out  of  any  labor 
"black  list"  is  hereby  prohibited,  and  suitable  laws  shall  be  enacted 
to  put  this  provision  into  effect. 

Sec.  10.  No  person  not  a  citizen  or  ward  of  the  United  States,  or 
who  has  not  declared  his  intention  to  become  a  citizen,  shall  be  em- 
ployed upon  or  in  connection  with  any  State,  county,  or  municipal 
works  or  emplo3'ment :  Provided,  That  nothing  herein  shall  be  con- 
strued to  prevent  the  working  of  prisoners  by  the  State,  or  by  any 
municipality  thereof,  on  street  or  road  work  or  other  public  work. 
The  legislature  shall  enact  laws  for  the  enforcement  and  shall  pro- 
vide for  the  punishment  of  any  violation  of  this  section. 

Article  XIX. 

MINES. 

The  office  of  mine  inspector  is  hereby  established.  The  legislature, 
at  its  first  session,  shall  enact  laws  so  regulating  the  operation  and 
equipment  of  all  mines  in  the  State  as  to  provide  for  the  health  and 
safety  of  workers  therein  and  in  connection  therewith  and  fixing  the 
duties  of  said  office.  Upon  approval  of  such  laws  by  the  governor, 
the  governor,  wdth  the  advice  and  consent  of  the  senate,  shall  forth- 
with appoint  a  mine  inspector,  who  shall  serve  until  his  successor 
shall  have  been  elected,  at  the  first  general  election  thereafter,  and 
shall  qualify.  Said  successor  and  all  subsequent  incumbents  of  said 
office  shall  be  elected  at  general  elections  and  shall  serve  for  two  years. 

Article  XX. 

ORDINANCE. 

The  following  ordinance  shall  be  irrevocable  without  the  consent 
of  the  United  States  and  the  people  of  this  State : 

First.  Perfect  toleration  of  religious  sentiment  shall  be  secured  to 
every  inhabitant  of  this  State,  and  no  inhabitant  of  this  State  shall 


•{»)  CUiJ6TlTL'TiO^    ADUi'TKD   bi'   AKIZuNA. 

L\ir  L)o  molested  in  person  or  property  on  arcount  of  his  or  hor  mode 
of  reli«j:imis  worship  or  la<'k  of  tlie  same. 

Sec<)ml.  Polyiramous  or  plural  marria«res  or  polygamous  cohabi- 
tation are  forever  prohibited  within  this  .State. 

Tiiird.  The  sale,  barter,  or  ufivinir  of  intoxioatin<r  liquors  to  In- 
tlians  and  the  introduction  of  liijuors  into  Indian  country  are  forever 
prohibited  within  this  State. 

Fourth.  The  peo|)le  inljtibilin<i:  this  Slate  do  agree  and  dcchire 
tljey  they  forever  disclaim  all  right  and  title  to  the  unappropriated 
ami  ungrantetl  j>ublic  lands  lying  within  the  boundaries  thereof  and 
to  all  lands  lying  within  said  boundaries  owned  or  held  by  anj^  In- 
dian or  Indian  tribes,  the  right  oi'  title  to  which  shall  have  been  ac- 
(juired  through  or  from  the  United  States  or  any  prior  sovereignty, 
and  that,  until  the  title  of  such  Indian  or  Indian  tribes  shall  have 
been  extinguished,  the  same  shall  be,  and  remain,  subject  to  the 
disposition  and  under  the  absolute  jurisdiction  and  control  of  the 
Congress  of  the  United  States. 

Fifth.  ""J'he  lands  and  other  property  belonging  to  citizens  of  the 
United  States  residing  without  this  State  shall  never  be  taxed  at  a 
higher  rate  than  the  lands  and  other  property  situated  in  this  State 
belonging  to  residents  thereof,  and  no  taxes  shall  be  imposed  by 
this  State  upon  lands  or  property  situated  in  the  vState  belonging  to 
or  which  may  hereafter  be  acquired  by  the  United  States  or  re- 
served for  its  use;  but  nothing  herein  shall  preclude  the  State  from 
taxing  as  other  lands  and  other  property  are  taxed,  any  lands  and 
other  property  outside  of  an  Indian  reservation  owned  or  held  by 
any  Indian,  save  and  except  such  lands  as  have  been  granted  or  ac- 
quired as  aforesaid,  or  as  may  be  granted  or  confirmed  to  any  In- 
dian or  Indians  under  any  act  of  Congress,  but, all  such  lands  shall 
be  exempt  from  taxation  so  long  and  to  such  extent  as  Congress  has 
prescribed  or  may  hereafter  prescribe. 

Sixth.  ''J'he  debts  and  liabilities  of  the  Territory  of  Arizona,  and 
the  debts  of  the  counties  thereof,  valid  and  subsisting  at  the  time 
of  the  passage  of  the  enabling  act  approved  June  20,  1910.  are  hereby 
assumed  and  shall  be  paid  by  the  State  of  Arizona,  and  the  State  of 
Arizona  shall,  as  to  all  such  debts  and  liabilities,  be  subrogated  to 
all  the  rights,  including  rights  of  indemnity  and  reimbursement,  ex- 
isting in  favor  of  said  Territory  or  of  any  of  the  several  counties 
thereof,  at  the  time  of  the  passage  of  the  said  enabling  act;  provided, 
that  nothing  in  this  ordinance  shall  be  construed  as  validating  or  in 
any  manner  legalizing  any  Territorial,  county,  numicipal,  or  other 
bonds,  obligations,  or  evidences  of  indebtedness  of  said  Territory  or 
the  counties  or  nmnicipalities  thereof  which  now  are  or  may  be  in- 
valid or  illegal  at  the  time  the  said  State  of  Arizona  is  admitted  as  a 
State,  and  the  legislature  or  the  people  of  the  State  of  Arizona  shall 
never  pa.ss  any  law  in  any  manner  validating  or  legalizing  the  same. 

Seventh.  Provisions  shall  be  made  by  law  for  the  establishment 
and  maintenance  of  a  system  of  pui)lic  schools  which  shall  be  open 
to  all  the  children  of  the  State  and  be  free  from  sectarian  control, 
and  said  schools  shall  always  be  conducted  in  English. 

The  State  shall  never  enact  any  law  restricting  or  abridging  the 
right  of  suffrage  on  account  of  race,  color,  or  previous  condition  of 
servitude. 


CONSTITUTION   ADOPTED   BY  ARIZONA.  37 

Eifi^hth.  The  ability  to  roiid.  write,  speak,  and  understand  the 
English  language  sufficiently  well  to  conduct  the  duties  of  the  office 
without  the  aid  of  an  interpreter  shall  l)e  a  necessary  qualification 
for  all  State  officers  and  members  of  the  State  legislature. 

Ninth.  The  capital  of  the  State  of  Arizona,  until  changed  by 
the  electors  voting  at  an  election  provided  for  by  the  legislature  for 
that  purpose,  shall  be  at  the  city  of  Phoenix,  but  no  such  election 
shall  be  called  or  provided  for  prior  to  the  thirty-first  day  of  De- 
cember, nineteen  hundred  and  twenty-five. 

Tenth.  There  are  hereby  reserved  to  the  United  States,  with  full 
acquiescence  of  this  State,  all  rights  and  powers  for  the  carrying  out 
of  the  provisions  by  the  I'niled  States  of  the  act  of  Congress  en- 
titled "An  Act  appropriating  the  receipts  from  the  ^ale  and  disposal 
of  public  lands  in  certain  States  and  Territories  to  the  construction 
of  irrigation  works  for  the  reclamation  of  arid  lands."  approved 
June  17.  1902,  and  acts  amendatory  thereof  or  supplementary  thereto, 
to  the  same  extent  as  if  this  State  had  remained  a  Territory. 

Eleventh.  "^ATienever  hereafter  any  of  the  lands  contained  within 
Indian  reservations  or  allotments  in  this  State  shall  be  allotted,  sold, 
reserved,  or  otherwise  disposed  of.  they  shall  be  subject,  for  a  period 
of  twenty-five  j^ears  after  such  allotment,  sale,  reservation,  or  other 
disposal."  to  all  the  laws  of  the  United  States  prohibiting  the  intro- 
duction of  liquor  into  the  Indian  country. 

Twelfth.  The  State  of  Arizona  and  its  people  h.ereby  consent  to 
all  and  singular  the  provisions  of  the  enabling  act  approved  June  20, 
1910,  concerning  the  lands  thereby  granted  or  confirmed  to  the  State, 
the  terms  and  conditions  upon  which  said  grants  and  confirmations 
are  made,  and  the  means  and  manner  of  enforcing  such  terms  and 
conditions,  all  in  every  respect  and  particular  as  in  the  aforesaid  en- 
abling act  provided. 

Thirteenth.  This  ordinance  is  hereby  made  a  part  of  the  consti- 
tution of  the  State  of  Arizona,  and  no  future  constitutional  amend- 
ment shall  be  made  which  in  any  manner  changes  or  abrogates  this 
ordinance  in  whole  or  in  part  without  the  consent  of  Congress. 

Article  XXI. 

MODE  or  AMENDING. 

Sec.  1.  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  either  house  of  the  legislature,  or  by  initiative  peti- 
tion signed  by  a  number  of  qualified  electors  equal  to  fifteen  per 
centum  of  the'  total  number  of  votes  for  all  candidates  for  governor 
at  the  last  preceding  general  election. 

Any  ]H"oposed  amendment  or  amendments  which  shall  be  intro- 
duced in  either  house  of  the  legislature,  and  which  shall  l)e  approved 
by  a  majority  of  the  members  elected  to  each  of  the  two  houses,  shall 
be  entered  oii  the  journal  of  each  house,  together  with  the  ayes  and 
navs  thereon.  When  any  proposed  amendment  or  amendments  shall 
be' thus  ])assed  by  a  majority  of  each  house  of  the  legislature  and 
entered  on  the  respective  journals  thereof,  or  when  any  elector  or 
electors  shall  file  with  the  secretary  of  state  any  proposed  amendment 
or  amendments,  toaether  with  a  j^etition  therefor  signed  by  a  number 
of  electors  equal  to  fifteen  per  centum  of  the  total  number  of  votes 

448774 


38  CONSTITUTION    ADOPTED    BY    ARIZONA. 

for  all  candidates  for  govornor  in  tlio  lasi  preceding  general  election, 
the  secretary  of  state  shall  submit  such  i)roi)osed  amendment  or 
amendments  to  the  vote  of  the  peojde  at  the  next  general  election 
(excej)t  when  the  legislature  shall  call  a  special  election  for  the  pur- 
pose of  having  said  proposed  amendment  or  amendments  voted  upon. 
in  which  case  the  secretary  of  state  shall  submit  such  proposed  amend- 
ment or  amendments  to  the  qualified  electors  at  said  special  election), 
and  if  a  majority  of  the  (jualified  electors  voting  thereon  shall  ap- 
prove and  ratify  such  proposed  amendment  or  amendments  in  said 
regular  or  sjK'cial  election  such  amendment  or  amendments  shall  be- 
come a  part  of  this  constitution.  Until  a  method  of  publicity  is  other- 
wise provided  by  law  the  secretary  of  state  shall  have  such  proposed 
amendment  or  amendments  jjublished  for  a  period  of  at  least  ninety 
days  pre\  ious  to  the  date  of  said  election  in  at  least  one  newspaper 
in  every  county  of  the  State  in  which  a  newspaper  shall  be  published, 
in  such  manner  as  nuiy  be  prescribed  by  law.  If  more  than  one  pro- 
j)0sed  amendment  shall  be  submitted  at  any  election  such  proposed 
amendments  shall  be  submitted  in  such  manner  that  the  electors  may 
vote  for  or  against  such  proposed  amendments  separately. 

Sec.  2.  No  convention  sliall  be  called  by  the  legislature  to  jjropose 
alterations,  revisions,  or  amendments  to  tliis  constitution,  or  to  pro- 
pose a  new  constitution,  unless  laws  providing  for  such  convention 
shall  first  be  approved  by  the  people  on  a  refeiendum  vote  at  a  regu- 
lar or  special  election,  and  any  amendments,  alterations,  revisions,  or 
new  constitution  proposed  by  such  convention  shall  be  submitted  to 
the  electors  of  the  State  at  a  general  or  special  election  and  be  ap- 
proved by  the  majority  of  the  electors  voting  thereon  before  the 
same  shall  become  effective. 

Article  XXTI. 

schedule  and  miscellaneous. 

Sec.  1.  Xo  rights,  actions,  suits,  proceedings,  contracts,  claims,  or 
demands,  existing  at  the  time  of  the  admission  of  this  State  into  the 
Union,  shall  be  affected  by  a  change  in  the  form  of  government,  from 
Territorial  to  State,  but  all  shall  continue  as  if  no  change  had  taken 
place:  anrl  all  process  which  may  have  l)een  issued  under  the  author- 
ity of  the  Territory  of  Arizona,  previous  to  its  admission  into  the 
T'^'nion,  shall  be  as  valid  as  if  issued  in  the  name  of  the  State. 

Sec.  2.  All  laws  of  the  Territory  of  Arizona  now  in  force,  not 
repugnant  to  this  constitution,  shall  remain  in  force  as  laws  of  the 
State  of  .\rizona  until  they  expire  by  their  own  limitations  or  are 
altered  or  i'ej)ealed  i)y  law:  Provid<Hl.  That  wherever  the  word  Ter- 
ritory, meaning  the  Tei-ritorv  of  Arizona,  appears  in  said  law^s,  the 
word  State  shall  be  substituted. 

Sec.  .T.  All  debts,  fines,  penalties,  and  forfeitures  which  have  ac- 
crued, or  may  hereafter  accru<'.  to  the  Territory  of  Arizona  shall  inure 
to  the  State  of  Arizona. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  taken 
before  the  change  from  a  Territorial  to  a  State  government,  shall 
remain  valid  and  shall  pass  to  and  may  be  prosecuted  in  the  name  of 
the  State,  and  all  bonds  oxeruted  to  tlie  Territory  of  Arizona,  or  to 


CONSTITUTION   ADOPTED  BY  ARIZONA.  39 

any  county  or  municipal  corporation,  or  to  any  officer  or  court,  in 
his  or  its  official  capacity,  shall  pass  to  the  State  authorities  and  their 
successors  in  office  for  the  uses  therein  expressed  and  may  be  sued 
for  and  recovered  accordingly ;  and  all  the  estate,  real,  i^ersonal,  and 
mixed,  and  all  judgments,  decrees,  bonds,  specialties,  choses  in  action, 
and  clainis,  demands,  or  debts  of  whatever  description  belonging  to 
the  Territory  of  xVrizona,  shall  inure  to  and  vest  in  the  State  of 
Arizona  and  maj'^  be  sued  for  and  recovered  by  the  State  of  Arizona 
in  the  same  manner  and  to  the  same  extent  as  the  same  might  or  could 
have  been  by  the  Territory  of  Arizona. 

•Sec.  5.  All  criminal  prosecutions  and  penal  actions  which  may 
have  arisen,  or  which  may  arise,  before  the  change  from  a  Territorial 
to  a  State  government,  and  which  shall  then  be  pending,  shall  be 
prosecuted  to  judgment  and  execution  in  the  name  of  the  State.  All 
offenses  committed  against  the  laws  of  the  Territory  of  Arizona 
before  the  change  from  a  Territorial  to  a  State  government,  and 
which  shall  not  be  prosecuted  before  such  change,  may  be  prosecuted 
in  the  name,  and  by  the  authority,  of  the  State  of  Arizona,  with  like 
effect  as  though  such  change  had  not  taken  place,  and  all  penalties 
incurred  and  punishments  inflicted  shall  remain  the  same  as  if  this 
constitution  had  not  been  adopted.  All  actions  at  law  and  suits  in 
equity,  which  ma}'  be  pending  in  any  of  the  courts  of  the  Territory 
of  Arizona  at  the  time  of  the  change  from  a  Territorial  to  a  State 
government,  shall  be  continued  and  transferred  to  the  court  of  the 
State,  or  of  the  United  States,  having  jurisdiction  thereof. 

Sec.  6.  All  Territorial,  district,  county,  and  precinct  officers  who 
may  be  in  office  at  the  time  of  the  admission  of  the  State  into  the 
Union  shall  hold  their  respective  offices  until  their  successors  shall 
have  qualified,  and  the  official  bonds  of  all  such  officers  shall  continue 
in  full  force  and  effect  while  such  officers  remain  in  office. 

Sec.  T.  Whenever  the  judge  of  the  superior  court  of  any  county, 
elected  or  appointed  under  the  provisions  of  this  constitution,  shall 
have  qualified,  the  several  causes  then  pending  in  the  district  court 
of  the  Territory,  and  in  and  for  such  county,  except  such  causes  as 
would  have  been  within  the  exclusive  jurisdiction  of  the  United 
States  courts,  had  such  courts  existed  at  the  time  of  the  commence- 
ment of  such  causes  within  such  county,  and  the  records,  papers,  and 
proceedings  of  said  district  court,  and  other  property  pertaining 
thereto,  shall  pass  into  the  jurisdiction  and  possession  of  the  superior 
court  of  such  county. 

It  shall  be  the  duty  of  the  clerk  of  the  district  court  having  cus- 
tody of  such  papers,  records,  and  property,  to  transmit  to  the  clerk 
of  said  superior  court  the  original  papers  in  all  cases  j^ending  in  such 
district  and  belonging  to  the  jurisdiction  of  said  superior  court,  to- 
gether with  a  transcript  or  transcripts  of  so  much  of  the  record  of 
said  district  court  as  shall  relate  to  the  same;  and  until  the  district 
courts  of  the  Territory  shall  be  superseded  in  manner  aforesaid,  and 
as  in  this  constitution  provided,  the  said  district  courts,  and  the  judges 
thereof,  shall  continue  with  the  same  jurisdiction  and  powers,  to  be 
exercised  in  the  same  judicial  district,  respectively,  as  heretofore  and 
now  constituted.  .      ,    .      ,  .         ,     xt  • 

Sec.  8.  When  the  State  is  admitted  into  the  Union  and  the  siqjerior 
courts,  in  their  respective  counties,  are  organized,  the  books,  records, 


40  CONSTITUTION   ADOPTED   BY  ARIZONA. 

papers,  and  proceedings  of  the  probate  court  in  each  county,  and  all 
causes  and  matters  of  administration  pending  therein,  shall  pass  into 
the  jurisdiction  and  possession  of  the  superior  court  of  tlie  same 
county  created  by  this  constitution,  and  the  said  court  shall  proceed 
to  final  judgment  or  decree,  ordei-.  or  other  determination  in  tiie  sev- 
eral matters  and  causes  with  like  ctlVct  as  the  probate  court  might 
have  done  if  this  constitution  had  not  Ixu'n  ado])ted. 

Sec.  1).  Whenever  a  quorum  of  the  judges  of  the  supreme  court  of 
the  State  shall  have  been  elected  and  qualified,  and  shall  have  taken 
office,  under  this  constitution,  the  causes  then  pending  in  the  supreme 
court  of  the  Territory,  except  such  causes  as  would  have  been  within 
the  exclusive  jurisdiction  of  the  United  States  courts,  had  such  courts 
existed  at  the  time  of  the  commencement  of  such  causes,  and  the 
papers,  records,  and  proceedings  of  said  court,  and  the  seal  and  other 
property  pertaining  thereto,  shall  pass  into  the  jurisdiction  and  pos- 
session of  the  suiircme  court  of  the  State,  and  until  so  superseded 
the  supreme  court  of  the  Territory,  and  the  judges  thereof,  shall  con- 
tinue with  like  powers  and  jurisdiction  as  if  this  constitution  had 
not  been  adopted  or  the  State  admitted  into  the  Union;  and  all 
causes  pending  in  the  supreme  court  of  the  Territory  at  said  time, 
and  which  said  causes  would  have  been  within  the  exclusive  jurisdic- 
tion of  the  United  States  courts,  had  such  courts  existed  at  the  time 
of  the  commencement  of  such  causes,  and  the  papers,  records,  and 
proceedings  of  said  court  relating  thereto  shall  pass  into  the  juris- 
diction of  the  United  States  courts,  all  as  in  the  enabling  act  ap- 
proved June  20.  1010,  provided. 

Sec.  10.  Until  otherwise  provided  by  law  the  seal  now  in  use  in 
the  supreme  court  of  the  Territory  shall  be  the  seal  of  the  supreme 
court  of  the  State,  except  that  the  w^ord  "  State"  shall  be  substituted 
for  the  word  "  Territory "  on  said  seal.  The  seal  of  the  superior 
courts  of  the  several  counties  of  the  State,  until  otherwise  provided 
by  law,  shall  be  the  vignette  of  Abraham  Lincoln,  with  the  words 
"  Seal  of  the  superior  court  of County,  State  of  Arizona,"  sur- 
rounding the  vignette.  The  seal  of  municipalities  and  of  all  county 
officers  in  the  Territory  shall  be  the  seals  of  such  municipalities  and 
county  officers,  respectively,  under  the  State,  until  otherwise  pro- 
vided by  law,  except  that  the  word  "  Territory  "  or  "  Territory  of 
Arizona  "  be  changed  to  read  "  State  "  or  "  State  of  Arizona  "  where 
the  same  may  appear  on  any  such  seals. 

Sec.  11.  The  provisions  of  this  constitution  shall  be  in  force  from 
the  day  on  which  the  President  of  the  United  States  shall  issue  his 
proclamation  declaringthe  State  of  Arizona  admitted  into  the  ITnion. 

Sec.  12.  One  Keju-esentativc  in  the  Congress  of  the  United  States 
shall  be  elected  from  the  State  at  large,  and  at  the  sanu^  election  at 
which  officers  shall  lie  elected  under  the  enabling  act.  approved  June 
20,  1010.  and  thereafter  at  such  times  and  in  such  manner  as  may  be 
prescribe^l  by  law. 

Sec.  13.  The  term  of  office  of  evei-y  officer  to  be  elected  or  appointed 
under  this  constitution  or  the  laAvs  of  Arizona  shall  extend  until  his 
successor  shall  be  elected  and  shall  qualify. 

Sec.  14.  Any  law  which  may  be  enacted  by  the  legislatui-e  under 
this  constitution  may  be  enacted  by  the  people  under  the  initiative. 
Any  law  which  nuiy  not  be  enacted  by  the  legislature  under  tin-  con- 
stitution shall  not  be  enacted  by  the  people. 


CONSTITUTION   ADOPTED  BY  ARIZONA.  41 

Sec.  15.  Refonnatorv  and  penal  institutions  and  institutions  for  the 
benefit  of  the  insane,  blind,  deaf,  and  nnite,  and  such  other  institu- 
tions as  the  public  good  may  require,  shall  he  established  and  sup- 
ported by  the  State  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  16.  It  shall  be  unlawful  to  confine  any  minor  under  the  age  of 
eighteen  years,  accused  or  convicted  of  crime,  in  the  same  section  of 
any  jail  or  prison  in  Avhich  adult  ])risoners  are  confined.  Suitable 
quarters  shall  be  prepared  for  the  confinement  of  such  minors. 

Sec.  17.  All  State  and  county  offic-ers  (e.\cei)t  notaries  public)  and 
all  justices  of  the  peace  and  constables,  whose  i)reeinct  includes  a  city 
or  town,  or  part  thereof,  shall  be  paid  fixed  and  detinite  salaries,  and 
they  shall  receive  no  fees  for  their  own  use. 

Sec.  18.  A  State  examiner,  who  shall  be  a  skilled  accountant, 
shall  be  appointed  by  the  governor,  by  and  with  the  advice  and  con- 
sent of  the  senate,  tor  a  term  of  two  years.  The  State  examiner 
shall  examine  the  books  and  accounts  of  such  public  officers  and 
perform  such  other  duties  and  have  such  other  powers  as  may  be 
prescribed  by  law. 

Sec.  19.  The  legislature  shall  enact  laws  and  adopt  rules  pro- 
hibiting the  practice  of  lobbying  on  the  floor  of  either  house  of  the 
legislature  and  further  regulating  the  practice  of  lobbying. 

Sec.  20.  The  seal  of  the  State  shall  be  of  the  following  design: 
In  the  background  shall  be  a  range  of  mountains,  with  the  sun  rising 
behind  the  peaks  thereof,  and  at  the  right  side  of  the  range  of  moun- 
tains there  shall  be  a  storage  reservoir  and  a  dam,  below  which,  in 
the  middle  distance,  are  irrigated  fields  and  orchards  reaching  into 
the  foreground,  at  the  right  of  which  are  cattle  grazing.  To  the  left 
in  the  middle  distance,  on  a  mountain  side,  is  a  quartz  mill,  in  front 
of  which  and  in  the  foreground  is  a  miner  standing  with  pick  and 
shovel.  Above  this  device  shall  be  the  motto:  "Ditat  Deus."  In  a 
circular  band  surrounding  the  whole  device  shall  be  inscribed  "  Great 
seal  of  the  State  of  Arizona,"  with  the  year  of  admission  of  the  State 
into  the  Union. 

Sec.  21.  The  legislature  shall  enact  all  necessary  laws  to  carry 
into  effect  the  provisions  of  this  constitution. 

Done  in  open  convention  at  the  city  of  Phoenix,  Territory  of  Ari- 
zona, this  9th  day  of  December,  A.  D.  1910. 

(Signed)  Geo.  W.  P.  Hunt, 

President  of  the  Constitutional  Convention. 

(Signed)  A.W.Cole, 

Secretary  of  the  Constitutional  Convention. 

() 


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